RANJIT RAJBANSHI Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The present appeal has been preferred against a conviction under Section 376(1) of the Indian Penal Code, 1860 (for short "the IPC ") and under Section 4 of the Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to as "the POCSO Act ") and sentence awarded under Section 376(1) of the IPC, since the quantum of punishment in the said Section was higher, to suffer rigorous imprisonment for seven years and to pay a fine of Rs. 50,000/- (fifty thousand), in default, to suffer rigorous imprisonment for one year for the offences punishable on both counts.

(2.) Learned counsel appearing for the appellant argues that no evidence has been produced to connect the accused with the previous hymen injury of the victim, sufficient to convict the appellant on either of the charges.

(3.) The age of the accused was 22 years and that of the victim was 16 1/2 at the time of the First Information Report (FIR). It is argued that the time lapse of two days between the date of the incident (August 12, 2017) and lodging the FIR (August 14, 2017) also gives rise to a suspicion as regards the involvement of the accused.