- (1.) Being aggrieved by and dissatisfied with the order of conviction and sentence dated 06.05.2009 passed by Sri Saroj Tangluwa, the learned Additional District and Sessions Judge, Fast Track, Third Court, Diamond Harbour in Sessions Trial No. 3(11) of 2006 arising out of Sessions Case No. 18(7) of 2006 the appellant Ohid Mondal preferred this appeal.
(2.) Shortly put on 20.06.2006 defacto complainant Akramuddin Naskar lodged a written complaint to the local Police Station alleging inter alia that his minor daughter Amina Khatun used to work in a sari factory of Asad Mondal. The accused Ohid Mondal who was a co-worker committed rape upon daughter of the defatco complainant Akramuddin Naskar i.e. Amina Khatun on several occasions in a vegetable garden against her will as a result Amina became pregnant and she was carrying on four months. Hence the prosecution case.
(3.) On the basis of the written complaint police took up investigation of this case. I.O. examining the available witnesses and after completion of investigation submitted charge sheet against Ohid Mondal @ Pradip under Section 376 I.P.C. After hearing both side and after going through the C.D. a charge under Section 376 I.P.C. was framed against the accused person to which he pleaded not guilty and claims to be tried. The defence case as it appears from the trend of the cross-examination of the prosecution witnesses and answer given by the accused person. During his examination under Section 313 Cr.P.C. is that of absolutely innocence.;