- (1.) THIS appeal arose out of judgment and order of conviction dated 29.07.2009 & 30.07.2009 passed by learned Additional Sessions Judge, Kandi, Murshidabad in Sessions Trial No. 4 of February, 2008 arising out of Sessions Case No. 46 of 2008 convicting the appellant for commission of offence punishable under Sections 458/376 of the Indian Penal Code and sentencing him to suffer rigorous imprisonment for a term of five and seven years respectively with further direction to pay fine of Rs.5,000/ - and Rs.20,000/ - respectively, with default clause.
(2.) IN the background of this appeal, the fact in a nutshell is as follows: - One complaint was lodged on 29.09.2007 in Burdwan Police Station by one Rekha Das to the effect that at about 10.00 p.m., when her husband went to see a C.D. show, she was sleeping in her room. At that time, the accused person entered into her room and committed rape upon her forcibly against her will. Her relatives rushed to the spot after hearing her shouting. The accused person fled away through the window.
(3.) AFTER investigation police submitted charge -sheet under Section 448/376/506 of the Indian Penal Code against the accused person. The case was committed to the learned Court of Sessions by the Additional Chief Judicial Magistrate, Kandi.;