RAJU LOHAR Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The appeal is directed against judgement and order dated 27.02.2009 passed by learned Additional Sessions Judge, Fast Track, 2nd Court, Siliguri in Sessions Trial No. 26/2003 (Sessions Case No. 24(S) of 1998) convicting the appellant for commission of offence punishable under Section 376(2)(f) of the Indian Penal Code and sentencing him to suffer rigorous imprisonment for 10 years and to pay a fine of Rs.2000/- and in default to suffer simple imprisonment for one month more.

(2.) The appeal was preferred by the appellant from jail and I find that the appellant served out a substantive period of the term imprisonment imposed upon him. Hence, the matter is taken up for hearing dispensing with preparation of Paper Book.

(3.) The prosecution case, as alleged, against the appellant is to the effect that on 25.02.1996 the victim who was minor at the time of occurrence was raped by the appellant while she was returning from the house of the senior manager of the Atal Tea Estate after completing sweeping and cleaning job in the said house. FIR was registered by the mother of the victim, PW 1, namely, Dulari Basfore over the incident. In course of investigation, the victim was medically examined and the statement of the victim was recorded under Section 164 of the Criminal Procedure Code. In conclusion of investigation charge sheet has been filed against the appellant and the case was committed to the Court of Sessions and transferred to the Court of Additional Sessions Judge, Fast Track, 2nd Court for trial and disposal. Charge was framed under Section 376(2)(f) of the Indian Penal Code. The appellant pleaded not guilty and claimed to be tried.