PRATAP DOLAI Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This appeal arose out of a judgement and order of conviction dated 29th and 30th of June, 2015 passed by the Additional District & Sessons Judge, Fast Track 2nd Court, Contai, Purba Medinipur in case No. S.T. No. 01/April 2011/SC No. 31/Jan/2011 sentencing the appellant to suffer rigorous imprisonment for five (5) years and to pay a fine of Rs.4,000/- (Rupees four thousand) in default, to suffer simple imprisonment for a further period of six months.The appellant is also directed to pay a compensation of Rs. 10,000/- (Rupees Ten Thousand) to the victim girl for commission of offence punishable under Sections 376/511 of Indian Penal Code.

(2.) The prosecution case, in brief is that on 9th March, 2010, during school hours, when the victim went to toilet of Sitala Prathamik School at Betuliya Chak Lalpur, at that time the appellant Pratap Dolai entered into the toilet and committed rape upon the victim girl.

(3.) The instant case was started on the basis of a complaint dated 11th March, 2010, lodged by one Haripada Das before officer-incharge Bhagwanpur Police Station. After receiving the complaint, the officer-in-charge, Bhagawanpur Police Station Bhagawanpur initiated P.S. Case No. 23 of 2010 dated 11th March, 2010 under Section 376(2) of the Indian Penal Code. The accused was arrested and produced before Court. After completion of investigation, charge sheet was submitted and on the basis of materials on record, charge was framed against the accused under sections 376/511 of the Indian Penal Code. The substance of accusation was read over and explained to the accused to which he pleaded not guilty and claimed to be tried. On the completion of the prosecution evidences, the accused/appellant was examined under section 313 Code of Criminal Procedure and the appellant pleaded innocence by defending himself.