ASIM KUMAR RAY, J. - (1.) THIS Appeal arises out of the judgment and order dated 29.01.2008 passed in Sessions Trial No. VI (April), 2007 arising out of Sessions Case No. 36(1) of 2007, under Section 376 (1) of the Indian Penal Code by the learned Additional Sessions Judge, Fast Track Court-III, Krishnagar, Nadia wherein he was convicted and sentenced to suffer rigorous imprisonment for ten years and to pay a fine of Rs.50,000.00, in default to suffer simple imprisonment for two years.
(2.) THE factual matrix is that the victim visited the accused/appellant on 2/3.9.2006 around 2.30 A.M. with the intention that her desire/ wish will be fulfilled on receipt of ayurvedic medicine from the accused/appellant, who according to the victim was a Kabiraj. At that dead of night the appellant had committed sexual offence on the victim. The victim thereafter had been to the Police Station and reported the incident. On the basis of her said report, the case was registered. It was investigated into. On completion of the investigation Charge sheet under Section 376 I.P.C. was submitted against the appellant. The matter was committed to the Ld. Sessions Judge, Krishnagar and subsequently transferred to the Ld. Addl. Sessions Judge for trial. On perusal of the materials on record, the learned Additional Sessions Judge framed the Charge against the accused under Section 376 of the I.P.C. It was read over and explained to the appellant to which he pleaded not guilty and claimed to be tried.
(3.) IN course of trial, 11 witnesses were examined from the side of the prosecution. Beside it, formal F.I.R. and other papers were exhibited. No one was examined as witness from the side of the defence.;