- (1.) THIS appeal arose out of the judgment and order dated 11.06.2004 passed by the learned Additional Sessions Judge, Fast Track Court, Kalna, Burdwan, in Sessions Trial No. 1 of 2003 arising out of Sessions Case. No. 8 of 2003 and thereby convicting the appellant for commission of offence under section 376 of Indian Penal Code and sentencing him to suffer imprisonment for a term of seven years with direction to pay fine of Rs. 2000/ - with default clause.
(2.) IN the background of this appeal, the fact in a nutshell is as follows : A complaint was lodged by one Firoja Bibi before O.C., Kalna P.S. to the effect that her husband Hafijul Mondal was a tractor -driver under the employment of Niamat Mondal. On 15th day of Shraban corresponding to 31.7.2000, the husband of the de facto complainant was not in his house and he went at Digha. On that night de facto complainant was sleeping at her room along with her 5 years old son. At about 12.30/1 a.m. on that night she heard a sound of knocking at her door and somebody was calling her from outside with the tone of her husband. At that time de facto complainant thought her husband has returned from Digha. As soon as she opened the door Jakir Hossain Molla @ Bhadu son of Samser of same village entered into the room and caught hold her with an intention to outrage her modesty. The de facto complainant identified him as Jakir Hossain Molla by electric light. Thereafter she made several requests to leave her. But Jakir Hossain did not pay any heed to her request and finally he committed rape upon her. Out of fear the de facto complainant could not be able to speak further. At that moment her husband came back to his house and knocked at the door. Then Jakir opened the door, pushed her husband and fled away by running. Her husband started shouting and on hearing his shouting father -in -law, mother -in -law, uncle -in -law, Debar (brotherin -law) and other persons came out from their rooms and found Jakir fleeing away. The villagers on information attempted to settle the dispute but in vain. The de facto complainant was not physically fit and mentally alert just immediate after the occurrence. So, there was delay in lodging the written complaint. She was not educated upto the standard and could be able to sign her name only.
(3.) ON the basis of the written complaint investigation was done and after completion of the same, police submitted charge -sheet against the accused person under section 376 of Indian Penal Code. The case was committed to the Court of Sessions by the learned SDJM, Kalna.;