MOHAN THAPA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The appeal is directed against the judgment and order dated 09.10.2013 & 10.10.2013 passed by the learned Additional Sessions Judge Special, 1st Court, Darjeeling in Sessions Case No.36/2011 convicting the appellant for commission of offence punishable under Sections 376 of the Indian Penal Code and sentencing him to suffer imprisonment for life and to pay a fine of Rs.50,000/- in default to suffer imprisonment for a further period of two years.

(2.) Prosecution case as alleged against the appellant is to the effect that the victim, who was aged around 15 years at the time of occurrence was in the custody of the appellant and her maternal grandmother. The appellant, being the second husband of her grandmother, took advantage of his fiduciary control over the minor victim and ravished her between September, 2008 till May, 2011. As a result she became pregnant. When her pregnancy was detected, she divulged the incident to her father (P.W.1), who lodged F.I.R. being Darjeeling Sadar Case No.47/11 dated 06.05.2011 under Section 376 of the Indian Penal Code. Victim was medically examined and her statement was recorded under Section 164 Cr.P.C. In conclusion of investigation, charge sheet was filed in the instant case under Sections 376 of the Indian Penal Code against the appellant.

(3.) The case was committed to the court of sessions and transferred to the court of learned Additional Sessions Judge Special, 1st Court, Darjeeling for trial and disposal.