PALASH DAS Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The appeal is directed against the judgment and order dated 01.10.2013 and 03.10.2013 passed by the learned Additional District and Sessions Judge, Kalna, Burdwan, in Sessions Case No. 54 of 2007/ Sessions Trial No. 18 of 2007 convicting the appellant for commission of offence punishable under Sections 342/376 of the Indian Penal Code and sentencing him to suffer rigorous imprisonment for ten years and to pay fine of Rs.5,000/-, in default, to suffer rigorous imprisonment for three months more for the offence punishable under Section 376 of the Indian Penal Code and to suffer rigorous imprisonment for one year and also pay a fine of Rs.1,000/-, in default, to suffer rigorous imprisonment for 15 days more for the offence punishable under Section 342 of the Indian Penal Code. Both the sentences to run concurrently.

(2.) The prosecution case as alleged against the appellant is to the effect that three to four months prior to the incident, the appellant along with one Subhas and Ashis raped the victim and a criminal case was registered against them. Subsequently, appellant was released on bail. Thereafter the victim when missing from 30.12.2006 and the matter was reported to Purbasthali Police Station being Purbasthali P.S. G.D.E. No. 1493 dated 31.12.2006. On 01.01.2007 father of the de facto complainant found the victim lying senseless in an adjacent field near his home. A rope was tied around her waist and there was vermilion on her forehead and conch shell bangles on her hand. He informed the matter to the local authorities as well as the police. Victim was taken to Kalna hospital where she regained her sense. She disclosed before the medical officer that the appellant who had committed rape upon her four months ago had forcibly taken her to an unknown place and after putting vermilion on her forehead and conch shell bangles on her hand had raped her again. She was kept confined in a room. Subsequently she was dumped near her house and the appellant ran away. On the complaint of the father of the victim (P.W. 1), Purbasthali P.S. Case No. 01/2007 dated 01.01.2007 under Sections 342/376 of the Indian Penal Code was registered for investigation. In conclusion of trial chargesheet was filed against the appellant and the case, being a sessions triable one, was committed to the Court of Sessions and transferred to the Court of the Additional District and Sessions Judge, Kalna, Burdwan for trial and disposal.

(3.) Charges were framed under Sections 342/376 of the Indian Penal Code and the appellant pleaded not guilty and claimed to be tried.