PALTU BISWAS Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The appeal is directed against the judgement and order dated 28th/29th June, 2007 passed by the learned Additional Sessions Judge, Bongaon, North 24-Paraganas in Sessions Trial No.2 (3) of 2007 (Sessions Case No.17(1) of 2007) convicting the appellants for commission of offence punishable under Section 376(2)(g) of the Indian Penal Code and sentencing him to suffer rigorous imprisonment for 10 years and to pay fine of Rs.10,000/- in default to undergo rigorous imprisonment for a further period of six months.

(2.) Prosecution case, as alleged, against the appellant is to the effect that on 21.9.2006 at about 3.00 p.m. victim aged about 11 years had gone to a nearby shop. Appellant called her and took her to the verandah of Uttam Mondal's house and raped her. She suffered bleeding injuries in her private parts and informed the incident to her mother. Thereupon, she was medically treated at Bongaon Sub Divisional Hospital where she was admitted and criminal case was registered being Bagdah P. S. Case No.199 of 2006 under Section 376(2)(f) of the Indian Penal Code against the appellant.

(3.) In the course of trial, prosecution examined 11 witnesses. In conclusion of trial, the trial Judge by its judgement and order dated 28th/29th June, 2007 convicted and sentenced the appellant, as aforesaid.