GURUPADA DAS Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This appeal is against the judgment and order of conviction dated 19th May, 2014 passed by the learned Additional District and Sessions Judge, 1st Court, Purba Medinipur at Tamluk in Sessions Trial No. 1(12) of 2012 arising out of Sessions Case No. 259(9) of 2012 convicting the appellant under Section 376(2)(f) of the Indian Penal Code and sentencing the convict to suffer rigorous imprisonment for life with fine of Rs.50,000/-, in default to suffer further imprisonment for 6 months for the offence punishable under Section 376(2)(f) IPC. In short the prosecution case is that on 26.05.2012 at about 10.00 am de facto complainant's daughter (victim girl/prosecutrix) aged about 5 years while playing outside her house after coming back from school, accused Gurupada Das called her and took her on his bicycle to a nearby bush near his house and then allured her in the name of buying biscuit and new garment. Thereafter, the appellant made a bed with short cloth. It has been alleged that the accused tried to make the victim sleep and committed offence upon her person. As the de facto complainant, accused and victim were known to each other because the appellant's brother Prasanta was the son-in-law of the victim's grandfather, there had been a conversation between the accused and the complainant over telephone and, thereafter, the victim was sent by the appellant to the complainant through his brother, Prasanta.

(2.) Alleged incident took place on 26th May, 2012 at 10.00 am but the complaint was registered on 31st May, 2012. In the complaint it was stated that due to treatment of the victim the complainant was busy and could not lodge the complaint in time.

(3.) The appellant faced trial before the Court of the learned Additional District and Sessions Judge, 1st Court, Purba Medinipur at Tamluk in Sessions Trial no. 1(12) of 2012 corresponding to Sessions Case no. 259(9) of 2012 to answer the charges pertaining to commission of offence punishable under Section 376(2)(f) of Indian Penal Code, 1860. The said case arose out of Nandakumar Police Station No. 148/12 dated 31.05.2012 under Section 376(2)(f) of Indian Penal Code, 1860 (G.R.- 777/12) which in turn had been registered for investigation on the basis of the aforesaid complaint lodged by the complainant Smt. Bhabani Goswami.