GOPAL @ MANU DAS Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The instant appeal is filed against judgment of conviction and order of sentence dtd. 29/01/2016 passed by the Additional District and Sessions Judge, Second Court, Contai, Purba Medinipur in Sessions Trial No. 02/September/2012 convicting the appellant under sec. 354 of the Indian Penal Code.

(2.) Genesis of the case is the written complaint made by Nilkamal Mondal, the father of the victim girl wherein it was stated that on 25/02/2012 in the evening at about 5:30 P.M. the appellant took his minor daughter to a nearby field on the pretext of giving her some beans and raped her forcefully. At night, after dinner when the victim went to bed with her mother, she felt unbearable pain in her genital. When her mother interrogated her she disclosed the incident to her. A written complaint was lodged which was received in Egra Police Station on 26/02/2012 at 17:05 hours. On the basis of the written complaint formal F.I.R. was drawn up and Egra Police Case No. 33 of 2012 dtd. 26/02/2012 under Sec. 376 (2) (f) of I.P.C. was initiated.

(3.) The Investigating Officer visited the place of occurrence, prepared rough sketch map, examined the witnesses and recorded their statements under sec. 161 of the Code of Criminal Procedure, got the victim medically examined; he also got the accused, the appellant medically examined. Statement of the victim was also recorded under sec. 164 of the Code of Criminal Procedure, 1973. On completion of investigation, charge sheet was filed. Charge was framed under Sec. 376 (2) (f) of the Indian Penal Code which was read over and explained the appellant to which he pleaded not guilty and claimed to be tried. Trial followed thereafter.