Nadira Patherya, J. - (1.) This appeal is directed against the judgment and order of conviction and sentence dated 17th December, 2008 and 18th December, 2008, passed by the Additional Sessions Judge, Cooch Behar, in Sessions Trial No. 4 (3)/08 arising out of Sessions Case no. 142/04, whereby and where under the appellant was convicted and sentenced under Sections 363/365/366/376 IPC.
(2.) The case of the prosecution is that on 3rd April, 2002 the victim girl, a minor, while returning from school after giving her examination was enticed by the accused appellant and taken to his house and thereafter the accused appellant took the victim girl by taxi to Siliguri, Cooch Behar, and different places. At each of these places the victim girl was subjected to ravish forcibly by the accused appellant against her will. The victim girl was confined by the accused appellant for 9 months and during these 9 months she was raped even at the point of knife. It was only after 9 months that she was able to flee from the clutches of the accused appellant from Haldibari to her parental home and on reaching her parental home an F.I.R. was filed by her on 1st February, 2003 with Haldibari P.S and Haldibari P.S. Case No. 13/03 dated 1st February, 2003 under Sections 363/365/376 IPC was initiated. PW-4, father of the victim girl on finding that the victim girl had gone missing filed a missing diary with the local police station on 4th April, 2002. On the basis of the F.I.R. filed, investigation was initiated and on completion of investigation a report was submitted in the form of charge sheet under Sections 363/365/366/376 IPC against the accused appellant. On receipt of the charge sheet, the Additional Chief Judicial Magistrate took cognizance of the offence and the case was transferred to the Court of Sessions. Charges were framed under Sections 363/365/366/376 IPC against the accused appellant. Each of the charge was read over and explained to the accused appellant to which he pleaded not guilty and claimed to be tried.
(3.) At trial, prosecution examined only seven witnesses while the defence adduced none. The specific case of the defence was innocence and false implication. The appellant was also examined under Section 313 of the Criminal Procedure Code and on consideration of the evidence, both oral and documentary, the Trial Court passed the order of conviction and sentence against the accused appellant.;