SUBODH SARKAR Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The Appeal is directed against judgment and order dated 30.05.2013 and 31.05.2013 passed by learned Additional Sessions Judge, 2nd Court, Krishnagar, Nadia in Sessions Trial No.III (December) 2012 arising out of Sessions Case No.42(10)12 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 ten years and to pay a fine of Rs. 25,000/-, in default, to suffer rigorous imprisonment for five months more. Rs. 20,000/- out of the fine amount, if realised, shall be paid to the victim as compensation under Section 357(1) Criminal Procedure Code.

(2.) The prosecution case, as alleged against the appellant, is to the effect that on 28.05.2012 at about 4.30 P.M. the minor victim, aged around 4 years and 4 months was playing. At that point of time the appellant took her inside his room and after taking off her inner garments ravished her. The victim narrated the incident to her mother. In order to avoid social opprobrium, the parents kept quiet. Subsequently on 206.2012 PW 1, Bapi Majumder, father of the victim, lodged a written complaint resulting in registration of Nakashipara P.S. Case No.621/12 dated 206.2012 under Section 376(2)(f) of the Indian Penal Code. In the course of investigation the victim was medically examined. Her statement was recorded under Section 164 Criminal Procedure Code.

(3.) In conclusion of investigation, charge sheet was filed against the appellant. The case was committed to the Court of Sessions and thereafter transferred to the Additional Sessions Judge, 2nd Court, Krishnagar, Nadia. Charge was framed against the appellant under Section 376(2)(f) of the Indian Penal Code. The appellant pleaded not guilty and claimed to be tried.