SK SAJJADUL ISLAM Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The appeal is directed against the judgment and order of conviction dated 14th and 15th January, 2014 passed by the learned Additional District and Sessions Judge, Chandernagore, Hooghly in Sessions Trial No. 25 of 2012 arising out of Sessions Case No.50 of 2012 convicting the appellant for commission of offence punishable under Sections 376 of the Indian Penal Code and sentencing him to suffer imprisonment for ten years and to pay a fine of Rs.10,000/- in default to suffer rigorous imprisonment for six months more.

(2.) Gist of the prosecution case levelled against the appellant is to the effect that in the night of 31st January, 2010 when the family members of the victim girl aged around 13 years had gone to attend a marriage ceremony, the appellant had surreptitiously come to her residence and forcibly committed rape on her. He had also administered anti pregnancy pills to the girl. When her parents, P.W.1 and P.W.6 returned home, they found the victim in a dishevelled condition and talking incoherently. On the next day, she complained of stomach and fever. She, however, went to school. She was treated by a local Doctor. On 10.2.2010 she was referred to a Neuro Surgeon, P.W.11 who examined her. On 17.2.2010, she disclosed the incident to her mother and the instant case being Chandernagore Police Station Case N.19 of 2010 dated 17.2.2010 under Sections 376/328 of the Indian Penal Code was registered for investigation against the appellant.

(3.) During investigation, the victim was subjected to psychiatric treatment and counselling at S. S. K. M. Hospital and her statement was recorded before the Magistrate under Section 164 of the Code of Criminal Procedure. In conclusion of investigation, charge sheet was filed against the appellant and the case was committed to the court of sessions and transferred to the court of the learned Additional and District Sessions Judge, 17th Court, Chandernagore, Hooghly for trial and disposal. Charges were framed under Sections 376/328 of the Indian Penal Code against the appellant. The appellant pleaded not guilty and claimed to be tried.