SUSHIL JHA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) THIS appeal arose out of judgment and order of conviction dated 21.12.1995 passed by learned Judge, VIIIth Bench, City Sessions Court at Calcutta in Sessions Trial No. 1 of January 1995 arising out of Sessions Case No. 34 of 1994 convicting the appellant under Section 376 of the Indian Penal Code and sentencing to suffer rigorous imprisonment for two years and to pay fine of Rs.1,000/ - with default clause.

(2.) IN the background of this appeal, the fact in a nutshell is as follows: -

(3.) THE building being premises no. 12, Budhu Ostagar Lane are being occupied entirely by the employees of Calcutta Tramways Company Limited. In one of the rooms the de facto complainant Ajit Chandra Mondal lived. In another room lived the accused Sushil Jha. Ajit Mondal had his wife and six months old baby. On 20.02.1994 at about 08.00 a.m. Ajit Mondal came to his room and took his baby on his lap. Ajit went outside to clean his teeth. At that time as Ajit's wife was busy in her works Ajit gave his baby on the lap of the accused Sushil Jha. About 20/25 minutes thereafter suddenly Ajit heard cry of his daughter and as such he came back to his building running and found the baby was crying lying on the cot of Sushil Jha. The de facto complainant Ajit took his baby and found the baby was bleeding from her vaginal part. Thereafter, Ajit and her wife took their daughter to the Medical College hospital. The wearing apparel of the baby was soaked with blood.