KARTICK MONDAL Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The appellant was convicted against the judgment and order dated 29th June, 2011 passed by learned Additional District & Sessions Judge, Fast Track Court No. 4, Barasat, North 24 Parganas in connection with Sessions Case No. 19 (8) of 2005, Sessions Trial Case No. 1 (2) of 2007, G.R. No. 1835 of 2002 convicting the appellant for commission of offence punishable under section 376 of the Indian Penal Code and sentencing him to suffer rigorous imprisonment for seven years and to pay fine of Rs. 1,000/-, in default to suffer rigorous imprisonment for six months.

(2.) Learned Counsel for the appellant submitted that the appellant has already been served out the sentence.

(3.) The crux of the allegations against the appellant is to the effect that the de facto complainant Ratna Mondal got married on 24th Agrahayan, 1408 BS. After one month of marriage, she came to her father's house from her in-laws house and just a day before Saraswati Puja in the month of Falgun, one of the neighbours Kartick Mondal called Ratna to do household work in his house owing to absence of his wife and she in good faith agreed to do the work and accordingly she went to his house around 12 O'clock at noon. Said Kartick Mondal threatened her to kill her and by putting cloth in her mouth forcibly raped her. She became pregnant and was driven out from her matrimonial home. Her husband was so shocked that he was mentally disbalanced and committed suicide.