JOYMALYA BAGCHI,J. - (1.) Heard the learned counsels appearing for the parties. The prosecution case, as alleged, against the appellant is to the effect that the de facto complainant/victim girl, lodged a complaint with Dhantala P.S. alleging that on 24.08.2012 at 2.00 PM she had gone to the house of the appellant to receive Rs.30/- on account of balance price of bangles purchased by her from the mother of the appellant; she found that the sister in law of the appellant was in the house. The sister-in-law of the appellant asked the victim to sit in the house and left. The appellant, taking advantage of the situation, came into the house and forcibly ravished her by pressing her mouth with a pillow. Immediately thereafter, the victim ran to her residence weeping and narrated the inmates of the incident and F.I.R. was registered at her behest. In course of investigation the victim and the appellant were medically examined and the statement of the victim recorded under Section 164 Cr.P.C.
(2.) In conclusion of investigation, charge sheet was filed under Section 376 of the Indian Penal Code. The case being a sessions triable one was committed to the Court of Sessions and transferred to the Additional Sessions Judge, 2nd Fast Track Court, Alipur, 24-Parganas (South) for trial and disposal. Charge was framed under Section 376 of the Indian Penal Code. The appellant pleaded not guilty and claimed to be tried. The prosecution examined as many as ten witnesses to prove its case. The defence of the appellant was one of the innocence and false implication. It was his specific defence that he married the victim and the marriage certificate was exhibited (Exbt. A) in support of such contention.
(3.) In conclusion of trial, the Trial Court by judgement and order dated 27.02.2015 convicted the appellant for commission of offence punishable under Section 376 I.P.C. and sentenced him to suffer R.I. for seven years and to pay a fine of Rs.5000/- in default six months S.I. for the aforesaid offence.;