SUSHIL KUMAR BISWAS Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 27.7.2007 and 31.7.2007 passed in Sessions Trial No. 1(4)/2007 corresponding to Sessions Case No. 16(1)/2007 arising out of G.R. Case No. 2921 of 2007 in connection with Jagaddal P.S. Case No. 422 of 2006 dated 28.11.2006 under sections 376(2)(f)/323 of Indian Penal Code, 1860 and sentencing accused person/ appellant Sushil Biswas under section 376(2)(f)/511 of IPC to suffer R.I. for five years and to pay a fine of Rs. 2,000/- in default to suffer S.I. for two months more. The sessions case was initiated on the basis of a written complaint filed by Laxmi Ganguly mother of victim girl Puja Ganguly on 20.11.2006 at the police station around 14.25 hours. The case of the prosecution in a nutshell was that on 20.11.2006 complainant gave food to her daughter Puja when she returned from school and left for the market. Puja was then six years old and studying in class-III. Her elder brother was playing outside and her father Biswanath Ganguly went out for work in the morning around 9 a.m. Puja was alone at home and at the time appellant/petitioner Sushil Biswas arrived at their house. He closed the door finding her alone in the house. Appellant stripped of all the cloths of Puja. He was aged about 62 years and a neighbour of the complainant. Puja/ victim used to address him as Sushil dadu. Appellant started fondling with Puja's naked body and at that time her mother, the complainant returned home. She found Puja in completely naked condition and was being fondled by the appellant. Seeing that matter she raised alarm. The appellant then put on his lungi and fled away. When she asked her daughter as to what had happened, her daughter Puja told her that appellant/Sushil Biswas stripped her off all her cloths and started kissing all over her body inserting his finger inside her vagina and then inserted his penis inside the vagina. Some sticky substance came out from his penis which was thrown on her body and she complained of pain in her sex organ.

(2.) On the basis of the FIR, Jagaddal P.S. Case No. 422 of 2006 under section 376(2)(f)/323 of Indian Penal Code was started. Police officer, Sub-Inspector Lakshman Chandra Singh took up the investigation. Appellant was arrested. On the same day Puja/victim was medically examined and her wearing, apparel was seized. The appellant was also medically examined on next date i.e. on 21.11.2006. The victim was sent to the learned Magistrate on the following day of incident i.e. on 21.11.2006 and his statement was recorded by the learned Magistrate. After collection of injury report and on examination of the available witnesses chargesheet against the appellant Sushil Biswas under sections 376(2)(f)/323 of Indian Penal Code was submitted.

(3.) Learned Additional Sessions Judge, Barrackpore took up the trial of the case. Charge against the appellant was framed under section 376(2)(f) of IPC. The appellant pleaded not guilty to the charge. He denied the case of the prosecution completely.