BIKASH PRAMANIK Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This appeal is at the instance of Bikash Pramanik assailing the order of conviction dated 26th March, 2013 passed by the learned Additional Sessions Judge, Fast Track, 2nd Court Haldia, Purba Medinipur in Sessions Trial No. 04(8)/12, thereby convicting the appellant under Section 376(2)(g) of the Indian Penal Code and directing him to suffer rigorous imprisonment for life and to pay a fine of Rs.10,000/- in default to suffer rigorous imprisonment for one year and with a further order of conviction under Section 394 of the Indian Penal Code and sentencing to suffer rigorous imprisonment for 10 years and to a fine of Rs. 5,000/- in default to suffer further rigorous imprisonment for a term of six months and directing that both the sentences are to run concurrently.

(2.) The above order of sentences were passed against four persons namely, (1) Bikash Pramanik @ Subhas (2) Sanu @ Sachi Dolui (3) Ranjit Manna @ Kanai (4) Subhankar Jana of whom only Bikash Pramanik alias Subhas is the appellant before us. The appellant has been charged for the commission of an offence punishable under Section 382/394/376(2)(g) IPC. Briefly the prosecution case is that complainant Nandalal Chakraborty, husband of the victim, a resident of "Technovilla" Complex, Azad Hind Nagar, Haldia Township, Purba Medinipur at the time of commission of offence at 2.30 am on 15th /16th December, 2011 received an information over telephone from his wife that four miscreants broke open his flat after breaking padlock and iron grill of the main gate and committed physical assault upon his wife and son. They also committed physical torture upon his wife and stole away few articles including gold ornaments and cash. The miscreants also assaulted night guard of the said residential complex and took away mobile phone of the security guard armed with iron rod, vojali (sharp cutting weapon) etc. On the basis of such written complaint Halida police started Haldia P.S. case no. 153/11 dated 17.12.11 under Section 382 IPC. Sub Inspector Ajay Kumar Mishra was entrusted to investigate the case and he recorded statements of the available witnesses; seized wearing apparels of the victim; seized broken lock and collected the copy of the statement recorded under Section 164 Cr.P.C. and thereafter, made a prayer for addition of offence under Section 376(2)(g) of Indian Penal Code before the learned Additional Chief Judicial Magistrate, Haldia. On his transfer the case was handed over to some other Investigating Officers namely, S.I. Gopal Patak and S.I. Santosh Hazra. In course of investigation TI parade of the accused persons were held. After completion of investigation charge-sheet was submitted under Section 382/376(2)(g)/394/412/123 of IPC against the accused persons, wherein one accused person namely, Sk Manirul was shown to be an absconder. The charge against this appellant was framed on 16.08.2012 under Section 382/394/376(2)(g) of IPC . Charge was read over and explained to the accused persons to which they pleaded not guilty and claimed to be tried.

(3.) No evidence has been adduced by the defence but it appears from the trend of cross-examination that the accused/appellant pleaded innocence during examination under Section 313 of the Code of Criminal Procedure.