- (1.) This appeal is directed against the judgment and order of conviction passed by the learned Additional Sessions Judge, 1st Court, Howrah in Sessions Trial No. IV (July) of 2004 in connection with G. R. Case No. 408 of 2000 arising out of Jagatballavpur P.S. Case No. 24 dated 8.3.2000 and sentencing the accused appellant to suffer rigorous imprisonment for seven years and to pay a fine of Rs. 2,000/- in default to suffer further rigorous imprisonment for three months for offence under Section 376 of I.P.C.
(2.) The prosecution case took its birth when Nirmala Dhonk (P.W.1) lodged the FIR (ext. 2) on 8.3.2000 at 7.05 P.M. at Jagatballavpur P.S. alleging that on 3.3.2000 her youngest daughter Dolon Dhonk (P.W.2) went to bring goat at Samirdanga at about P.M. At that time the appellant Sankar Partra of same village putting cloth on her mouth dragged away her to nearby bush and committed rape on her. Thereafter, in order to disappear evidence the appellant tried to murder the victim by throttling. The victim became senseless and seeing it the appellant fled away. As P.W.2 did not return, her mother P.W.1 went to Samirdanga for searching her and found her lying inside the bush in naked condition and she was bleeding. P.W.1 then called 'para' people and the victim Dolon Dhonk was brought to her house. Village doctor Jagannath Chine (P.W.11) examined her and the said doctor advised to admit the victim at Jagatbaliavpur Health Centre. On the basis of the FIR lodged by P.W.1 Jagatballavpur P.S. Case No. 24 dated 8.3.2000 under Section 376 of I.P.C. was started against this accused appellant. After completing investigation charge-sheet under Section 376 of I.P.C. was submitted against the accused. The trial that followed ended in conviction of the appellant and the sentence mentioned earlier.
(3.) It is evident from the materials on record that in order to prove its case the prosecution examined 18 witnesses in all and, the accused appellant himself examined as defence witness being D.W.1 P.W.1 Nirmala Dhonk is the FIR maker and mother of victim. P.W.2 is the victim. P.W.3 Samar Samanta is a person who was passing through the path and heard the shouting raised by P.W.1. P.W.4 Jatan Dhonk is the elder brother of victim. P.W.5 Smt. Padma Bala Porel is 'jaa' of P.W.1 whereas P.W.6 Bedana Bala Porel is a co-villager. P.W.7 Smt. Sakhi Rong is the married sister of victim and P.W.8 Mukunda Mondal is another co-villager. P.W.9 Madan Porel was the scribe of FIR (ext. 2) and he wrote it according to instruction of P.W.1. P.W.10 Smt. Sumitra Roy is a witness of seizure of wearing apparels of the victim and the 'saree' which was given to the victim by her mother to wear after the incident.;