MONA ROY Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Appellant has preferred this appeal assailing the judgement, order of conviction and sentence dated April 30, 2005 passed by the learned Additional Sessions Judge, 1st. Fast Track Court, Malda in Sessions Trial No. 4(5) of 2003 arising out of Sessions case No. 79 of 2003 thereby convicting the appellant for the commission of the offence punishable under Sec. 376 of the Indian Penal Code(hereinafter referred to as IPC) and sentencing him to undergo rigorous imprisonment for 10 years and to pay a fine of Rs. 1,000.00 in default to suffer simple imprisonment for six months more.

(2.) On June 20, 1991 P.W.1 lodged a written complaint (Ext.1) scribed by one Farid Ali before the officer in charge, English Bazar P.S., Malda alleging that on June 12, 1991 at about 4/5 PM when her minor daughter aged about 11 years went to fetch water from tap beside their house then at that time appellant forcibly took her away and raped her. Thereafter, local people got her daughter admitted to the Railway Hospital in bleeding condition. As he was away for some work he could not inform the incident to police in time.

(3.) On the basis of the above written compliant of P.W.1 English Bazar P.S. Case No. 176 dated June 20, 1991 was started by P.W.6 against the appellant under Sec. 376 Penal Code. P.W.9 initially investigated the case and thereafter investigation was taken up by P.W.5 who after completion of investigation submitted charge sheet against the appellant under Sec. 376 Penal Code. On May 28, 2003 charge under Sec. 376 Penal Code was framed against the appellant and on his pleading not guilty to the charge, trial commenced. Prosecution in order to prove its case examined 9 witnesses and also produced and proved the FIR, seizure list, rough sketch map with index, statement of the victim girl recorded under Sec. 164 Code of Criminal Procedure (hereinafter referred to as CrPC), medical report etc. and thereafter on completion of trial and after examination of the appellant under Sec. 313 Crimial P.C. learned trial judge passed the impugned judgement.