MANGAL SOREN Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This appeal has been preferred by the appellant assailing the judgment and order of conviction dated May 3, 2008 and sentence dated May 5, 2008 passed by the learned Additional Sessions Judge, 2nd Fast Track Court, Paschim Medinipore in Sessions Trial Case No. XVII of May, 1993. By virtue of the impugned judgment, appellant was convicted for commission of the offences punishable under Sections 379/376 of the Indian Penal Code (hereinafter referred to as the IPC) and was sentenced to suffer rigorous imprisonment for life and to pay fine of Rs. 2,000/- in default to suffer simple imprisonment for four months, for the offence punishable under Section 376 IPC and was also sentenced to suffer rigorous imprisonment for three years and to pay fine of Rs. 1,000/- in default to suffer simple imprisonment for two months for the offence under Section 379 IPC with a direction that both the offences shall run concurrently with usual set off under Section 428 of the Criminal Procedure Code ( hereinafter in short Cr. P.C.). Appellant was further directed to pay a compensation of Rs. 25,000/- to the victim/ de-facto complainant within a stipulated period and in default of making payment de-facto complainant was given liberty to realize the amount as per provisions of law.

(2.) The prosecution case, in brief, is as follows:

(3.) On August 22, 1992 in the morning the P.W.4 as per instruction of her husband went to her father's house at Kharkusma village to bring a sum of rupees five hundred. At about 4 p.m. in the evening while she was returning back with money and her minor child in her arms she noticed the appellant was following her. When she reached near the jungle, appellant stopped her and snatched the girl from her arms and threw the child on the road and forcibly lifted her and took inside the jungle, took away her money and by putting her on the ground forcibly raped her. She could not shout as the appellant had stuffed cloth in her mouth. At that time at some distance away on the road on seeing two people coming on a cycle appellant fled away in the jungle. She took her daughter in her arms and asked for help from those two people. She, thereafter, returned back and narrated the entire incident to her family members and also reported the incident at the P.S.