- (1.) THIS appeal arose out of the judgment and order dated 21.3.1996 passed by the learned Additional Sessions Judge, Raiganj, Uttar Dinajpur in Sessions Trial No. 20/1995 arising out of Sessions Case No. 40/1995 convicting the appellant under section 376 of the IPC and sentencing him to suffer rigorous imprisonment for five years and to pay fine with default clause.
(2.) IN the background of this appeal, the fact in a nutshell is as follows: The complainant one Jagati Devi lodged a complaint stating that her husband Sridam Mahato stayed at Punjab for his livelihood and she resides in her residence at Maruadungi with her minor children. On 27.2.1989 around 7 -00 p.m. while returning from Kunore hat after selling cow milk on her way in the field the accused Meghu Mahato caught hold of her and committed rape on her against her will by putting napkin in her mouth. The accused committed rape out of previous grudge because the said accused about eight years back once committed rape on her for which he was detained in custody in a criminal case and to take the revenge he again committed rape on her on the date of occurrence. Thereafter, he pushed chilly dust in her private part and fled away. She lodged a written complaint. After investigation, police has submitted charge -sheet against the accused person under sections 376/377 of Indian Penal Code.
(3.) THE case was committed to the Court of Sessions by the learned SDJM, Raiganj. The Trial Court, after hearing of both sides, framed charge under sections 376/377 of IPC against the accused person. The contents of the charge were read over and explained to him when the accused person pleaded not guilty and claimed to be tried.;