MOHAN HALDER Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The instant appeal is directed against the judgment and order dated 31st January 2006 passed by the learned Additional Sessions Judge, First Track Court- IV, Alipore, South 24 Parganas, in Sessions case No. 14 (5)/04 and Sessions Trial No. 7(6)/04 whereby the appellant was convicted and sentenced to seven years imprisonment under Section 376 of the Indian Penal Code and was fined Rs.3,000/- in default to suffer RI for two months.

(2.) The prosecution case is that the appellant on 10th February 2003 at about 10:30 pm went to the house of the prosecutrix and asked her to accompany him to their uncle's house.

(3.) At the uncle's place the appellant and the uncle consumed country liquor. The appellant proposed to drop the prosecutrix home but the appellant however took the victim to nearby field where he made the victim lie down and started to take off her garments. When the victim girl protested the appellant threatened to kill her. The appellant also slapped the victim girl to secure her consent and silence. He thereafter committed sexual intercourse on her. The victim girl deposed that after the incident she left the field and returned to her house. PW 6, mother of the victim and the prosecutrix lodged a complaint with the Canning Police Station on 12th February 2003. The victim was above 17 years of age, at the time of the incident.