IN THE HIGH COURT AT CALCUTTA CRIMINAL APPELLATE JURISDICTION APPELLATE SIDE Present:-

HON’BLE JUSTICE CHAITALI CHATTERJEE DAS.

CRA 903 OF 2013 YAAD ALI DHALI @ YEAD ALI DHALI VS THE STATE OF WEST BENGAL For the Appellant : Mr. S.K Moinuddin, Adv.

For the State : Mr. Anand Kesari, Adv.

Mr. Atanu Ghosh, Adv.

Last heard on : 27.08.2025 Judgement on : 04.11.2025 Uploaded on : 04.11.2025 CHAITALI CHATTERJEE DAS, J. :-

1. This is an appeal filed against the judgement and order of conviction passed by the Learned Court of Additional Sessions Judge, Fast Track, 5th Court, Alipore, 24 parganas South in Sessions Trial No. 2 (8)12 under Section 376 of the Indian Penal Code whereby the appellant was sentenced to suffer rigorous imprisonment for a period of 5 years and to pay a fine of Rs .5000/- and in default to suffer simple imprisonment for a period of 1 month.

Genesis of the case

2. Briefly stated the prosecution case arises on the strength of a complaint lodged by XXX on April 28, 2012 against the appellant alleging commission of rape upon her on April 26, 2012. It is her case that the appellant being an acquainted person often visited victim’s house during presence of her husband .On April 26,2