ANANDA Vs. THE STATE OF WEST BENGAL

JUDGEMENT

(1.) THIS appeal is directed against a judgement and order dated 27th July, 2006 and an order of sentence dated 28th July, 2006 passed by the Additional Sessions Judge, 2nd Fast Track Court, Alipore, South 24 Parganas in Sessions Trial No. 5 (12) 2004 corresponding to Sessions Case No. 13 (12) 2004 whereby the accused appellant has been convicted of the offence of rape of a six year old child under Section 235 of the Criminal Procedure Code and sentenced to suffer rigorous imprisonment for life for offence under Section 376 of Indian Penal Code and fine of Rs. 5,000/ - in default of which he has to suffer further rigorous imprisonment for one year.

(2.) THE case is indeed gruesome and heinous. It is the case of the prosecution that on 21st August, 1998 at about 12 noon, the victim about 5/6 years of age, was playing on the village road, near a video hall owned by the accused -appellant at Baburchak village under Kultali Police Station, District - South 24 Parganas.

(3.) ON 30th August, 1998, the defacto -complainant, who is the father of the victim, lodged a written complaint at Kultali Police Station. The complaint was treated as a First Information Report, pursuant to which, Kultali Police Station Case No. 93 dated 30th August, 1998 was started against the accused -appellant under Section 376 of the Indian Penal Code. About ten days after the incident, the statement of the victim was recorded before a Judicial Magistrate under Section 164 of the Criminal Procedure Code. After completion of investigation, the Investigating Officer filed a charge sheet against the accused appellant under Section 376 of the Indian Penal Code.