- (1.) This appeal is directed against the order of conviction passed by Sri D. Pal, Additional Sessions Judge, Fast Track, 4th Court, Malda in Sessions Case No. 157 of 2005 thereby furnishing the accused Ayub Ansari under Section 376 I.P.C. and sentencing to suffer R.I. for seven years and to pay fine of Rs. 3,000/- I.D. to S.I for six months.
(2.) Shortly put the petitioner's case is that in the evening of 09.04.2004 when Munni Khatun, daughter of the defacto complainant aged about 15 years was in the house. Accused Ayub Ansari came there and informed Munni that her father was calling. Accused then took her to a 'Shashan' near Dakbungalow and the point of dragger committed rape upon her. The defacto complainant, father of Munni made a search for her and at about 11 P.M. in the night on reaching this spot he found that his daughter is lying in the verandah of the temple of the 'shashan' and was feeling ill. Munni narrated everything to his father and thereafter a petition of complaint was lodged to the respective P.S.
(3.) The defence case as it appears from the trend of the crossexamination of the prosecution witnesses, the evidence of the defence witnesses and the answer given by the accused person to their respective examination under Section 313 Cr.P.C. is that of absolute innocence. On the basis of available documents coupled with the submisson of both side a charge under Section 376 was framed against the accused Ayub Ansari to which pleads not guilty and claims to be tried.;