IMPORTANT POINT

Evidence of the prosecutrix, if remains unchallenged, is sufficient to nail the accused.

JUDGMENT

V.S. Sirpurkar, J. —

1. Leave granted.

2. This is an appeal against the judgment and order of conviction passed by the Calcutta High Court, whereby, the appeal filed by the accused/Appellant, was dismissed. The accused was convicted by Fast Track, Fourth Court, Krishnagar, Nadia for an offence under Section 376, as also an offence under Section 417 of the Indian Penal Code (hereinafter for short “IPC”). As per the prosecution case, there was another accused Naki Mollick in the matter, against whom the Chargesheet was submitted, but, he being a juvenile, was sent to the Juvenile Court for facing trial.

3. As per the prosecution, accused Zindar Ali SK was trying to marry with prosecuterix Chandmoni Khatoon with the help of Naki Mollick. Prosecuterix was working as a weaver and on the day of incident, when she was returning from her work, the accused caught her, taking advantage of the dark and committed rape on her. The prosecution further alleged that Naki Mollick abetted the commission of the offence and both the accused persons threatened to kill her. The accused commit