Ravi Krishan Kapur, J - (1.) This appeal is directed against the judgment and order of conviction dated 30.06.2006 and 01.07.2006 passed by the Learned Additional Sessions Judge, 3rd Court, Nadia, Krishnanagar in Sessions Trial No.V (September)15 arising out of Sessions Case No.14(08)15 convicting the appellant under Section 376 of the Indian Penal Code and sentencing him to undergo rigorous imprisonment for 10 years and to pay fine of Rs.50,000 and in default, to undergo rigorous imprisonment for a further period of 6 months.
(2.) The case of the prosecution originated in an information lodged by the prosecutrix (PW-1) that on 22.04.2012 at around 9.15 pm while she went out to the pukurghat for performing nature's call, the appellant pushed her to the ground, gagged her and committed rape against her will and even though the prosecutrix tried to resist she could not prevent the appellant from committing the crime. Thereafter, the prosecutrix raised an alarm and recognised the appellant with a torch which she was carrying. The prosecutrix identified the appellant as a member of the locality. Thereupon hearing her shouting, the husband of the prosecutrix and others rushed to the place of occurrence but the appellant fled away. It was further stated in the complaint lodged with the police authorities that the appellant was identified by the prosecutrix's husband and others too.
(3.) Upon receipt of the complaint, on 23.08.2012 the police initiated PS Case No.941/12 dated 23.08.2012 under Section 376 of the Indian Penal Code and on completion of investigation, a charge sheet was submitted against the appellant on 22.10.2014. Subsequently, on 24.09.2015 a charge was framed against the appellant under Section 376 of the Indian Penal Code. The appellant pleaded not guilty.;