DINA NAYEK Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The appeal is directed against the judgement and order dated 18th December, 2004 passed by the learned Additional District and Sessions Judge, Fast Track Court, Jhargram, Paschim Medinipore in Sessions Trial No.XIX of July, 2004 convicting the appellant for commission of offence punishable under Section 376(2)(f) of the Indian Penal Code and sentencing him to suffer rigorous imprisonment for 10 years and to pay fine of Rs.25,000/- in default to undergo simple imprisonment for three months more. The fine amount, if realised, was directed to be paid to the victim, P.W.2 herein.

(2.) Prosecution case, as alleged, against the appellants is to the effect that on 1st April, 2004 at about 3.00 P.M. when P.W.1, Nayanmoni Bera, mother of the victim had gone to the pandal to clean the stool of her son, the appellant had entered their house and committed rape of her 10 year old daughter. Thereafter, the appellant threatened her not to disclose the incident. Out of fear and shame, the matter was not disclosed initially. However, when the victim complained of illness, she was taken to Doctor and criminal case was lodged against the appellant. Charge was framed under Section 376(2)(f) of the Indian Penal Code and the appellant was convicted and sentenced, as aforesaid.

(3.) Nobody appears for the appellants. Mrs. Zareen N. Khan, learned Advocate is requested to assist this Court as Amicus Curiae.