RABI SAHA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The instant appeal is preferred against the judgment and order of conviction dated 20/11/8 passed by Sessions Judge, Dakshin Dinajpur at Balurghat in Sessions Trial no. 63/07 arising out of Sessions Case no. 254/07 convicting the appellant under Ses. 376/511 of The Indian Penal Code sentencing him to suffer rigorous imprisonment for five years and to pay a fine of Rs.3000.00 i.d to suffer further rigorous imprisonment for six months.

(2.) The prosecution case emanated out of complaint filed by the mother of the minor victim inter alia stating that on 7/5/2007 at about 6:30 pm, she learnt from her neighbours that the opposite party i.e Rabi Saha tried to rape her eight year old daughter. Her minor daughter disclosed to her that the said opposite party fed her with ice-cream and lured her to give more food and took her to the corner of Friends Union Ground, removed her pant, placed his hand on her vagina and forcibly grounded her, trying to rape her. The minor victim shouted in order to raise alarm whereby many people rushed to the spot and caught the opposite party who was beaten up by the mob and admitted at Balurghat Hospital. The complainant's daughter narrated the incident to her and the neighbours. The opposite party admitted his guilt and disclosed his name and address. The complainant prayed for investigation and punishment of the miscreant.

(3.) Based on the above complaint, Balurghat P.S case no. 129/07 dated 7/5/7 under Ses. 376/511 Indian Penal Code was instituted. Investigation was initiated and on completion, charge sheet was filed under the aforesaid Ss. against the appellant. Charges were framed against him, to which he pleaded not guilty and claimed to be tried.