Judgment :-

(SMT.) RANJANA PRAKASH DESAI, J.

1. The appellant – Kashinath Mondal was tried by the Additional Sessions Judge, Arambagh, Hooghly in S.T. Case No.66 of 2000 for offences punishable under Sections 376 and 302 of the Indian Penal Code (for short, “the IPC”).

Learned Sessions Judge convicted the appellant under Sections 376 of the IPC and sentenced him to suffer RI for 10 years and to pay a fine of Rs.5,000/-, in default, to suffer further RI for one year. The appellant has also been convicted under Section 302 of the IPC and sentenced to suffer RI for life and to pay a fine of Rs.10,000/-, in default to suffer RI for two years. The substantive sentences are ordered to run concurrently.

2. According to the prosecution, on the night of 30/10/1997, complainant - Tarak Chandra Mondal was sleeping in his house. His house has ground plus one floor. There are two rooms on the first floor of the said house. Out of the two rooms, one room was under the occupation of the appellant, who is his brother. The adjacent northern room of the first floor was under the occupation of complainant’s daughters – Pampa and Sampa. The entire ground floor premises were occupied by members of the