- (1.) THIS appeal arose out of the judgment and order dated 26.2.009 and 27.2.2009 passed by the learned Additional Sessions Judge, Fast Track Court -I, Dinhata, Cooch Behar in Sessions Trial No. 6(1) of 2006 arising out of Sessions Case. No. 214 of 2005 and thereby convicting the appellant for commission of offence under section 376 of Indian Penal Code and sentencing him for a term of 7 years of RI.
(2.) IN the background of this appeal, the fact in a nutshell is as follows : One FIR was lodged by Rejia Bibi to the effect that her second eldest daughter aged 17 years is partially deaf and dumb, suffering from impaired speech. On 20.5.2004 corresponding to 6th of Jaistha 1411 B.S. at about 2 p.m. the said daughter of the complainant went to defacate in bamboo grove on the western side of their house at village Paramananda. At that time accused Lutfar Patwary, a close neighbour, caught hold of the prosecutrix, gagged her mouth, laid her flat on the ground and committed rape upon her. The prosecutrix started weeping on being raped. At this the accused persons tried to assure that he will marry her and asked her not to disclose about the occurrence to any one. The accused person further committed rape upon the prosecutrix on four to five other occasions. As a result, she became pregnant. On being asked by the complainant the prosecutrix disclosed to her about the occurrence and she had become pregnant due to the accused. Rejia Bibi disclosed about the matter to her husband and other neighbours. Over this matter a village salish held where prosecutrix by her gestures and through her impaired speech disclosed that the accused person raped her. The accused also admitted his guilt in that salish but refused to marry the prosecutrix.
(3.) ON 21.5.2005 the mother of the prosecutrix lodged a complaint against the accused person before the court of the learned SDJM, Dinhata under section 156(3) of Cr.P.C. which was sent to Dinhata Police Station for treating the matter as FIR. Later the prosecutrix gave birth to a female child. On the basis of compliant Dinhata P.S. case no. 144/2005 dated. 10.6.2005 was started under section 376 of IPC. After investigation, police has submitted charge -sheet against the accused person under section 376 of Indian Penal Code. The case was committed by the learned Magistrate to the Court of Sessions. After hearing of both sides, learned Magistrate framed charge under section 376 of IPC against the accused person. The contents of the charges were read over and explained to him when the accused pleaded not guilty and claimed to be tried.;