RAJ KUMAR PAL Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) With the consent of the parties, the appeal is taken up for hearing. The appeal is directed against the judgment and order of conviction and sentence dtd. 25/11/2014 and 26/11/2014 respectively passed by the learned Additional District & Sessions Judge, 2nd Court, Krishnagar, Nadia, in Sessions Trial Case No. 1(IX) of 2014 arising out of Sessions Case No. 3(2) of 2014 (Spl.) convicting the appellant for commission of offence punishable under Sec. 376(2)(i) of the Indian Penal Code and Sec. 6 of Protection of Children from Sexual Offences Act and sentenced him to suffer imprisonment for ten years and to pay a fine of Rs.5,000.00, in default to suffer further rigorous imprisonment for a period of three months more.

(2.) Prosecution case, as alleged, against the appellant is to the effect that on 5/5/2013 at

(3.) 30 p.m. minor daughter of the de facto complainant/P.W. 1 was subjected to penetrative sexual assault by the appellant who is the uncle of the father of the victim. Minor girl disclosed the incident to her mother and F.I.R. came to be registered. Victim was medically treated at Aronghata B.P.H.C. and then at Ranaghat S.D. Hospital. Her statement was recorded before the learned Magistrate. Appellant was arrested and charge-sheet was filed. Charges were framed against the appellant under Sec. 376(2)(i) of the Indian Penal Code and Sec. 6 of Protection of Children from Sexual Offences Act. The appellant pleaded not guilty and claimed to be tried. In conclusion of trial, the appellant was convicted and sentenced, as aforesaid. 3. Mr. Ganguly, learned Counsel appearing for the appellant argues that the prosecution case suffers from various inconsistencies and contradictions. The appellant has been falsely implicated in the instant case due to a land dispute. There is variation in the injuries noted by P.W. 3 and P.W. 5 and the charge of forcible rape is not proved. Hence, conviction of the appellant may be set aside and the appellant is entitled to an order of acquittal.