ASIT MONDAL Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The appeal is directed against the judgment and order dated 11.09.2015 and 14.09.2015 passed by the learned Additional Sessions Judge, 1st Court, Jangipur, Murshidabad in Sessions Trial No. 11th (April) 2013 arising out of Sessions Case No. 174 of 2013 convicting the appellant for commission of offence punishable under Sections 376 and 448 of the Indian Penal Code and sentencing him to suffer rigorous imprisonment for 10 years and to pay fine of Rs. 50,000/- to the victim, in default, to suffer further rigorous imprisonment for three years more and to suffer rigorous imprisonment for one year and to pay fine of Rs. 1,000/- in default to suffer rigorous imprisonment for three months more for the offence punishable under Section 448 of the Indian Penal Code. Both the sentences are run concurrently.

(2.) The prosecution case as alleged against the appellant is to the effect that on 08.03.2011 at around 10.00 P.M., while she was sleeping with her two children in the house, the appellant entered into the room and pressed her mouth with cloth and caught hold of her hands and forcibly raped her. As a result, her wearing apparels were torn and she also suffered scratch injury. Her children woke up and on being raised hue and cry, the appellant fled away. She was mentally shocked.

(3.) She lodged complaint with the Sagardighi police station resulting in registration of First Information Report being Sagardighi Police Station Case No.110 of 2011 dated 10.02011 under Sections 376/448 of the Indian Penal Code. In the course of investigation, she was medically examined. Her statement was recorded before the Magistrate under Section 164 of the Code of Criminal Procedure and charge sheet was filed against the appellant. The case being a sessions triable one was committed to the Court of Sessions and transferred to the Court of the Additional Sessions Judge, 1st Court, Jangipur, Murshidabad for trial and disposal. Charges were framed under Sections 376 and 448 of the Indian Penal Code. The appellant pleaded not guilty and claimed to be tried. In the course of trial, prosecution examined 11 witnesses and exhibited a number of documents in support of its case. The defence of the appellant is one of innocence. In conclusion of trial, the trial Judge by the impugned judgment and order dated 11.09.2015 and 14.09.2015 convicted and sentenced the appellant, as aforesaid. Hence, the present appeal.