DIPAK SINGHA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Appeal is directed against judgment and order dtd. 28/6/2013 and 29/6/2013 convicting the appellant for commission of offence punishable under Sec. 376(2)(f) of the Indian Penal Code and sentencing him to suffer rigorous imprisonment for ten years and also to pay a fine of Rs.10,000.00, in default, to suffer rigorous imprisonment for one year more.

(2.) Prosecution case, as alleged against the appellant is to the effect that on 20/5/2010 at 11 p.m. in the night when family members of the victim girl aged around 11 years had gone to attend 'Namsankritan', the appellant came into the house and embraced her. Thereafter, he committed rape on her. Hearing shouts of the victim, local people came to the spot. Written complaint was lodged by the mother of the victim girl (P.W. 1) resulting in registration of Bishnupur P.S. Case No. 236 of 2010 dtd. 21/5/2010 under Sec. 376 (2)(f) of the Indian Penal Code against the appellant. In course of investigation, the victim was medically examined and her statement was recorded before Magistrate. Appellant was arrested and charge-sheet was filed. Charge was framed under Sec. 376(2)(f) of the Indian Penal Code.

(3.) In conclusion of trial, prosecution examined 12 witnesses to prove its case. Defence of the appellant was one of innocence and false implication. In conclusion of trial, the trial Judge by judgment and order dtd. 28/6/2013 and 29/6/2013 convicted and sentenced the appellant, as aforesaid.