(1.) The appeal is directed against the judgment and order dated 01.02.2013 and 02.02.2013 passed by the learned Additional Sessions Judge, Fast Track Court-2, Kalyani, District - Nadia in S.C. 5(8) 2011/S.T. 7(11) 2011 convicting the appellant under Section 376(2)(f) of the Indian Penal Code and sentencing him to suffer imprisonment for life and to pay fine of Rs. 10,000/- in default to suffer simple imprisonment for one year more.
(2.) The prosecution case, as alleged, against the appellant is to the effect that on 01.05.2009 at about 5.30p.m., the victim, a minor girl, aged about 10 years was watching television alone in her house. Suddenly, the appellant entered into the house and increased the volume of the television set. Then he forcibly raped her. She suffered severe pain and bleeding from her private parts. At that juncture her mother came to the house and the appellant fled away. Then her maternal uncle came to the spot. Her mother (P.W. 2) and maternal uncle (P.W. 3) took her to the doctor in the local market. There they met her father (P.W. 1). The victim was taken to JNM hospital where she was admitted for 5 to 6 days and medically treated. In the meantime her father (P.W. 1) lodged F.I.R. being Kalyani Police Station Case No. 204 dated 01.05.2009 under Section 376(2)(f) of the Indian Penal Code against the appellant. In the course of investigation, ossification test was held on the victim and her statement was recorded under Section 164 of the Criminal Procedure Code. Charge-sheet was filed under the aforesaid provision of law. Case was committed to the Court of Sessions and transferred to the court of Additional Sessions Judge, Fast Track Court-2, Kalyani, District- Nadia for trial and disposal. Charge was framed under Section 376(2)(f) of the Indian Penal Code. The appellant pleaded not guilty and claimed to be tried.
(3.) In the course of investigation, prosecution examined 15 witnesses and exhibited a number of documents. The defence of the appellant was one of innocence and false implication. In conclusion of trial, the Trial Judge by judgment and order dated 01.02.2013 and 02.02.2013 convicted and sentenced the appellant, as aforesaid.