(1.) Heard Mr. Raju Datta, learned counsel appearing for the appellant as well as Mr. Ratan Datta, learned P.P. along with Mr. Sumit Debnath, learned Addl. P.P. appearing for the State-respondent.
(2.) This is an appeal wherein the judgment and order of conviction and sentence dated 30.10.2019 passed in ST 01(ST/U) of 2005(T-I) against the accused-appellant is under challenge. The appellant has been sentenced to suffer rigorous imprisonment for seven years along with fine of Rs.10,000/- for offence committed under Section 376(1) of IPC and further five years of rigorous imprisonment along with fine of Rs.5,000/-for committing offence under Section 366 of IPC.
(3.) The prosecution case was lodged on the basis of the complaint made by the prosecutrix (P.W.-5), inter alia, stating that she was forcibly taken away by the appellant to a secluded place and was repeatedly raped by the appellant. The FIR was lodged after three days. After registration of FIR, investigation was commenced. The investigating officer examined available witnesses, arranged for medical examination of the victim-girl and also recorded her statement under Section 164(5) of Cr.P.C.