Indira Banerjee, J. - (1.) THIS appeal is against a judgment and order of conviction dated 31st May, 2011 and an order of sentence dated 1st June, 2011 passed by the Additional District and Sessions Judge, Fast Track Court -I, Baruipur, South 24 -Parganas in Sessions Trial Case No. 5(12) 2006 corresponding to Sessions Case No. 43(11)2006 whereby the appellant has been convicted of the offence of rape under Section 376 of the Indian Penal Code and sentenced to suffer rigorous imprisonment for a period of eight years and fine of Rs. 2000/ -, in default whereof, further rigorous imprisonment of three months.
(2.) THE prosecution case in brief is that the prosecutrix had, after bathing in a pond adjacent to her home, returned home and was changing her clothes. While she was changing, the accused appellant came into her room, forcibly caught her from behind, pushed her down on the floor and raped her. After raping her, the accused appellant kicked her infant daughter, who had been lying on the floor and left. The incident took place on 13th July, 2006. On 15th July, 2006 at about 9 O'clock in the morning, the First Information Report was lodged by the prosecutrix, alleging that while she was changing after taking a bath in the pond at about 10 -30 a.m. on 13th July, 2006 and was in a petticoat, the accused appellant entered her room, undressed her, put a cloth in her mouth and raped her against her will. He later ran away after kicking her infant daughter.
(3.) PURSUANT to the aforesaid FIR, Bhangore Police Station Case No. 63 of 2006 dated 15th July, 2006 was started. After completion of investigation, charge -sheet dated 8th December, 2006 was issued against the accused appellant wherein it was alleged as under: "That you, on or about the 13th day of July, 2006 at about 10 -30 A.M. in the room of the informant Putul Mondal at vill. -Amreswar, P.S. -Bhangore committed rape on Smt. Putul Mondal and thereby committed an offence punishable under Section 376 of the Indian Penal Code, and within my cognizance. And I hereby direct that you be tried by the said Court on the said charge. The contents of the charge are read over and explained to the accused who pleads not guilty to the charge and claims to be tried.";