Joymalya Bagchi, J. - (1.) The appeal is directed against the judgement and order dated 21st February, 2007 passed by the learned Additional Sessions Judge, 3rd Court, Alipore, South 24-Parganas in Sessions Trial No. 10 (7) 2003 convicting the appellant for commission of offence punishable under Section 376 of the Indian Penal Code and sentencing him to suffer rigorous imprisonment for ten years and to pay fine of Rs.1,000/-, in default, to suffer rigorous imprisonment for six months.
(2.) Nobody appeared for the appellant. Ms. Trina Mitra is requested to assist the Court as Amicus Curiae.
(3.) Fir was lodged by the victim herself. She deposed in court as PW2. In her evidence she stated that two years ago she was coming from her father's house at about 10:30 P.M. in the night in a van rickshaw. It was raining heavily in the night. When she came to Natunhat crossing, some persons stopped the van. She recognised the appellant and one Sachi. The said persons assaulted the van driver. They pulled her to the bank of a tank. Thereafter, Babu Ali committed rape on her. Other accused also tried to commit rape. She lodged complaint with the police (Exhibit-1/1). She also made statement before the Magistrate. Her wearing apparels were also seized. Trial court relied on her evidence to convict the appellant-Babu Ali Mondal but acquitted the co-accused, Sachhuali Mondal.;