FAZLEY MIA @ HAQUE Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This appeal has been preferred by the appellant against the judgement and order dated 6th August, 2008 and 7th August, 2008 passed by the learned Sessions Judge, Cooch Behar in Sessions Case no. 12 of 2008, Sessions Trial No. 5(1)/2008, arising out of Kotwali Police Station Case no. 479 of 2007 whereby the learned Judge convicted the appellant for the offence punishable under Section 376 of the Indian Penal Code and sentenced him to suffer rigorous imprisonment for 7 years and to pay a fine of Rs. 5,000/-; in default to suffer simple imprisonment for 6 months for committing the offence under Section 376 of the Indian Penal Code.

(2.) The case of the prosecution in brief is that the victim Nurjahan Bibi lodged First Information Report alleging that on 20th September, 2007 at about 9.30 p.m. while she was cooking in the kitchen room, the accused Fazley Mia trespassed into her house and gagged her mouth with his 'lungi' and thereafter, put off the 'kupi' and committed rape forcibly against her will. The victim tried to save herself and raised cries and then her husband, Ekramul Haque from the bedroom came out and found Fazley Haque in a compromising position and confined him in the kitchen room by closing the door from out side. After hearing cries, neighbours and Others rushed there and uncles of the accused namely, Samser Mia and Jabed Ali also came there and showed fear to the husband of the victim and thereafter, the accused person fled away.

(3.) On the basis of the First Information Report lodged on 21st September, 2007, a criminal case, being Kotwali Police Station Case No. 479 of 2007, was initiated under Section 448/376 of the Indian Penal Code against the accused person. Investigation was started and after completion of investigation, charge sheet was submitted under Section 376 of the Indian Penal Code against which the accused/appellant pleaded not guilty and claimed to be tried.