- (1.) This appeal is directed against the judgment and orders of conviction dated 11.05.2011 and sentence dated 12.05.2011 passed by learned Additional Sessions Judge, 12th Court, Alipore in Sessions Trial No. 01(07)2008 arising out of Sessions Case No. 05(11)2006. By the orders impugned the appellant was convicted for committing offence under Sections 366 and 376(2)(a)(i)(ii) of the Indian Penal Code and sentenced to undergo rigorous imprisonment for 10 years and also to pay a fine of Rs. 10,000/-, in default, rigorous imprisonment for six months for committing the offence under Section 376(2)(a)(i)(ii) Indian Penal Code and to undergo rigorous imprisonment for seven years and to pay a fine of Rs. 5,000/- , in default, rigorous imprisonment for three months for committing the offence under Section 366 Indian Penal Code.
(2.) The prosecution case, in short, may be summarized as follows: The victim girl lodged a written complaint dated 16th of May, 2006 to the O.C. Joynagar Police Station alleging that she being aged about 17 years fled away from her house and married a boy with whom she had a love affair for the last two years. Her parents and other relations took her back from her husband's place in the night of 14th of February, 2006 with the help of police. She and her husband Ashok Baidya were detained in Joynagar Police Station in that night and released on the next morning. The police officer, Swarup Prakash Dhara, took her and her family members to his quarter in the next morning and broke her conch bangle and rubbed out her vermilion. He asked the victim girl and her father to call him on 19th day of February, Sunday and on that day at 5 P.M they came to his quarter. He sent her father to the police station to put a signature for taking the victim girl in his custody through a bond , but did not permit the victim girl to accompany her father. After her father left for police station, accused Swarup Prakash Dhara forcibly raped her and threatened to kill her and her husband Ashok Baidya if she disclosed the incident to anybody. She being frightened did not speak out the incident to anybody and spoke the same to her parents only after a month. Her parents, however, were not inclined to proceed with the matter as they were trying to arrange her marriage to some other place. However, she wanted to proceed against the offending police officer by filing the complaint belatedly.
(3.) On the basis of the said complaint Joynagar Police Station Case No. 92 dated 16.05.2006 under Section 376 Indian Penal Code was initiated against the accused police officer namely Swarup Prakash Dhara. After investigation the police submitted charge-sheet under Section 376 of the Indian Penal Code against the appellant accused. After commitment of the case to the Court of Sessions, the case was transferred to the Court of learned Additional Sessions Judge, 12th Court, Alipore. Charges were framed under Sections 366 and 376(2)(a)(i)(ii) of the Indian Penal Code. The appellant accused pleaded not guilty and hence, the trial.;