CHANDAN HAZRA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The appellant was convicted for commission of offence punishable under Section 376 of the Indian Penal Code and was directed to suffer rigorous imprisonment for seven years and to pay fine of Rs. 5000/- in default to rigorous imprisonment for six months more. Nobody appeared for the appellant.

(2.) Ms. Faria Hossain appearing as Amicus Curiae submitted that the victim is a consenting party and the prosecution evidence does not establish a case of forcible sexual assault. She also submitted that the age of the victim had not been proved beyond reasonable doubt.

(3.) On the other hand, Ms. Khan appearing for the State submitted that the evidence of the victim was supported by independent eye-witnesses and the prosecution has been able to prove its case beyond reasonable doubt.