SHYAMAL BISWAS Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) :- This appeal is directed against the judgment dated 29th April, 2006, passed by Mr. M. M. Banerjee, learned Additional Sessions judge, Basirhat, in Sessions Trial No. 27 (12)05 arising out of Sessions Case No. 19 (9)05 convicting the appellant under S. 376 (2) (f) of the Indian Penal Code, and an order dated 2nd May, 2006, by which the accused was sentenced to suffer rigorous imprisonment for a period of ten years as also to pay fine of Rs. 5,000/-, in default to suffer further rigorous imprisonment for a period of six months.

(2.) BRIEFLY stated the prosecution case is that between 19th June, 2005 and 20th june, 2005 after 12. 00 hours (in the night), the prosecutrix, a minor aged six years, was raped by the accused, Shyamal Biswas. The victim suffered severe bleeding injury. Immediate medical assistance was rendered by a quack, P. W. 5, Abdur Salam Mondal. In the morning an F. I. R. was lodged. The victim was referred to Basirhat S. D. Hospital where she remained for a week and was discharged on 28th June, 2005. The accused was charged under S. 376 (2) (f) of the Indian penal Code and has been convicted by the learned trial Court. The accused has come up in appeal.

(3.) MR Manna, the learned senior counsel, appearing in support of the appeal, subrnitted that there is no reliable piece of evidence in this case on the basis of which it can be held that the appellant is guilty of the charge levelled against him. He submitted that the judgment under challenge is perverse being not based on any evidence. He added that the accused, a young man of twenty-four years, married two months before the alleged incident, has been languishing in jail for no reason whatsoever.