ASRAFUL SK Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Appeal is directed against the judgment and order dated 11.09.2013 and 12.09.2013 passed by the learned Additional Sessions Judge, Fast Track Court - I, Jangipur, Murshidabad in Sessions Trial No. 5(1)/2010 convicting the appellant for commission of offence punishable under Section 376 of the Indian Penal Code and sentencing him to suffer rigorous imprisonment for ten years and to pay fine of Rs.20,000/- in default, to undergo rigorous imprisonment for one year more with a further direction that 50% of the fine amount if recovered, shall be paid to the victim.

(2.) The prosecution case as alleged against the appellants is to the effect that on 8.10.2007 around 4 p.m. the victim aged about 12 years had gone to the field to answer nature's call. At that time, the appellant dragged her away by tying her orna around her neck and raped her. As a result, she suffered bleeding injuries in her private parts and became unconscious. After sometime when she returned house, she disclosed the incident to her parents and other villagers. Her father (P.W 1) lodged written complaint at Samserganj P.S resulting in registration of Samserganj P.S case no. 154/07 dated 8.10.2007 under section 376 IPC. Victim was medically treated and her statement was recorded under section 164 Cr.P.C. In conclusion of investigation charge-sheet was filed against the appellant and the case, being a sessions triable one, was committed to the Court of Sessions and transferred to the Court of the learned Additional Sessions Judge, Fast Track Court - I, Jangipur, Murshidabad for trial and disposal.

(3.) Charge was framed under Sections 376 of the Indian Penal Code. The appellant pleaded not guilty and claimed to be tried.