IN THE HIGH COURT AT CALCUTTA

CRIMINAL APPELLATE JURISDICTION

APPELLATE SIDE

PRESENT:

THE HON’BLE JUSTICE TIRTHANKAR GHOSH

C.R.A. 572 of 2018

Mantasir Alam @ Muntasir Alam

-versus-

The State of West Bengal

For the Appellant : Mr. Niladri Sekhar Ghosh, Adv.,

Mr. M.N. Chowdhury, Adv.,

Ms. Priyanka Saha, Adv., Ms. Laboni Sikdar, Adv.,

Mr. Souvik Das, Adv.

For the State-Respondent : Mrs. Rituparna De Ghosh, Adv.,

Mr. Saibal Krishna Dasgupta, Adv.

Reserved On : 27.10.2025 Judgement On : 16.12.2025

Tirthankar Ghosh, J. :-

The present appeal has been instituted challenging the judgment and

order of conviction and sentence dated 27.08.2018 & 30.08.2018 passed by the learned Additional District & Sessions Judge, 2^nd Court, Islampur, Uttar Dinajpur in Sessions Trial No. 37(3)17 arising out of Goalpokher Police Station Case No. 495 of 2015 dated 23.10.2015, wherein the learned Trial Court was pleased to hold the appellant guilty for commission of offences under Section 376 of the Indian Penal Code, convict him and sentenced him to suffer Rigorous Imprisonment for 7 (Seven) years and to pay fine of

Rs.20,000/- in default to suffer further Rigorous Imprisonment for a period of 6 (six) months.

Goalpokher Police Station Case No. 495 of 2015 dated 23.10.2015 was registered for investigation, following an information being furnished by the victim with the Officer-in-Charge of Goalpokher Police Station, District Uttar Dinajpur. The allegations made in the written complaint were to the effect that the accused Mantasir Alam, residing approximately within a distance of 100 meters from the victim’s house and frequently visiting her house, entered her house on 22.05.2015 at about 4.00 P.M. in the afternoon, and finding her alone gagged her mouth with an evil intention forcibly took her to the bedroom, where he raped her against her will. The informant/complainant started crying, when to pacify her accused promised to marry her swearing upon the Quran Sharif. Relying upon assurances of the accused, she often had been to the bamboo grove located to the north of her house, where she cohabited with him as repeatedly the accused promised to marry her. In due course, she conceived and on 17.08.2015 when she disclosed about her pregnancy, accused promised to marry her and informed her that his parents asked her to visit their residence. Accordingly, she had been to the house of the accused on 13.09.2015 at about 10.00 A.M. and saw that the accused and his family members were present. Accused represented that owing to her pregnancy it was not possible for him to marry her and insisted that she should undergo abortion. She declined such proposal when accused caught hold of her and forcibly tried to administer some poisonous liquid. She managed to escape from the said place and disclosed the entire incident to her relatives leading to which a shalish was held on 18.10.2015, where the accused and his relations were directed to be present. At the shalish, accused accepted his conduct and consented to fix the marriage on 20.10.2015. Nevertheless, the other accused persons entered into a conspiracy and assisted the accused to flee away from their residence. The informant therefore prayed to the Police Officer to take steps against the accused and his relations.

Following receipt of such information, investigation commenced and on conclusion of investigation, charge-sheet was submitted under Section 448/376/506 of the Indian Penal Code against the present appellant only. The case was thereafter committed to the Court of Sessions where charges were framed against the accused/appellant under the same provisions. The contents of the charge were read over to the accused to which he pleaded not guilty and claimed to be tried.

The prosecution in order to prove its case relied upon 14 (fourteen)

witnesses which included P.W.1 Dr. Sujit Kumar Saha, doctor who examined the accused/appellant; P.W.2 victim ‘X’; P.W.3 Nisha Rai, attached to Goalpokher Police Station; P.W.4 Santi Singha, Civic Vol