Ariful Haque Mondal vs Unknown
2021 Latest Caselaw 3601 Cal

06.07.2021

Mithun Ct.No.42.

IA No:CRAN/1/2021 with CRA/208/2021

(Via Video Conference)

In re: An application for admission of appeal under Section 374(2) of the Code of Criminal Procedure, 1973.

In the matter of: Ariful Haque Mondal.

...Appellant.

Mr.Uday Sankar Chattopadhyay, Adv.

...for the appellant.

Mr. Rana Mukherjee, Adv, Mr. Ashok Das, Adv.

...for the State.

It is submitted by the learned Advocate for the

appellant/petitioner that the petitioner was convicted and

sentenced to imprisonment for a term of 7 years for committing

offence under Sections 376/342 of the Indian Penal Code. It is

the prosecution case that the de facto complainant/victim while

returning to her matrimonial home was restrained by the

accused on the road and then the accused took her to a room

and forcibly committed rape upon her. The petitioner also

confined her in the said room by locking the door of the room

from outside. The victim raised hue and cry which attracted

local people including P.W.4. They broke open the padlock and

rescued the lady.

It is submitted by the learned Advocate for the petitioner

that the victim is a married lady of about 25 years. Immediately

on the next date of occurrence she was medically examined but

the Doctor did not find any injury in her private parts. One

Noor Ali who allegedly rescued and recovered the victim did not

support the prosecution case and was declared hostile. Thirdly,

the appellant was all along on bail and therefore, he should be

released on bail.

I have carefully perused the impugned judgment passed

by the learned Trial Judge. The learned Trial Judge accepted

the evidence of the de facto complainant/victim as trustworthy

and unblemished. It is needless to say that the evidence of the

prosecutrix could be the sole basis of conviction in a case of

rape. The victim was a married lady. She was sexually

habituated. Therefore, there may not be any injury in the

private part of the victim.

Considering the evidence on record learned Trial Judge

found the accused guilty for committing offence under Sections

376/342 of the Indian Penal Code.

I also do not find any reason for suspension of sentence

and to grant bail to the accused pending disposal of the appeal.

For the reasons stated above, the prayer for bail is

refused.

The learned Advocate for the appellant/petitioner is at

liberty to file informal paper book within four weeks from the

date and pray for investigating the matter for final hearing.

CRAN1 of 2021 is accordingly disposed of.

( Bibek Chaudhuri, J. )