ACHIN SHIL @ SEAL Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The appeal is directed against the judgement and order dated 20th September, 2007 passed by the learned Additional District & Sessions Judge, Fast Track Court-I, Bongaon, North 24-Parganas in Sessions Case No. 5 (5) 2002 [Sessions Trial No. 19 (6) 2003] convicting the appellant for commission of offence punishable under Section 376 of the Indian Penal Code and sentencing him to suffer rigorous imprisonment for eight years and to pay fine of Rs.1,000/-, in default, to suffer simple imprisonment for ten days more.

(2.) The prosecution case as alleged against the appellant is to the effect that the appellant had committed rape on the victim girl at her residence at 11:00 P.M. The victim girl was an eight year old child.

(3.) Mr. Liton Moitra, learned Advocate appearing for the appellant, submitted that there was delay in lodging the FIR and the evidence of the victim and her mother are improbable as the incident occurred in a populated area.