(1.) The present appeal has been preferred against a Judgment and Order of conviction dated 19th day of April, 2016 and sentence dated 19th day of April, 2016 passed by the Learned Additional Sessions Judge (IE Act), Berhampore, Murshidabad in Sessions Serial No. 463 of 2010 (S.T. No. 6 of March, 2012) arising out of Berhampore Police Station Case No. 86/2010 dtd. 12/2/2010 under Sec. 376(2)(f)/511 of the Indian Penal Code, 1860 convicting the appellant and sentencing him to suffer rigorous imprisonment for two years and to pay fine of Rs.10,000.00 i.d. to suffer R.I. for 2 months for the offence punishable under Sec. 354 of Indian Penal Code and in case of payment of fine amount, the same is to be given to the victim girl as compensation under Sec. 357 of the Indian Penal Code. Period of detention already undergone by the convict, if any, be set-off under Sec. 428 of the Code of Criminal Procedure. THE PROSECUTION:-
(2.) The prosecution case in brief is that:-
(3.) On the basis of the said allegations, the de facto complainant who happens to be the mother of the victim girl, lodged F.I.R. with the I.C., Berhampore Police Station on that very date and the I.C., Berhampore initiated Berhampore P.S. Case No. 86/2010 dtd. 12/2/2010 under Ss. 376(2)(f)/511 of the Indian Penal Code against the above named appellant. The investigation culminated in filing of the Charge- sheet for the offences punishable under Ss. 376(2)(f)/511 of the Indian Penal Code against the above named appellant, before the Court of the Learned Chief Judicial Magistrate, Berhampore, Murshidabad on 12/3/2010.