TAPAN SAHA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The appellant was convicted under Section 376(2)(f) of the Indian Penal Code and sentenced to suffer rigorous imprisonment for 10 years in 2010. He appears to have served out a major portion of sentence in the meantime. Hence, appeal is taken up for hearing.

(2.) Prosecution case, as alleged, against the appellant is that on 1st March, 2010 around 6.30 P.M. the victim, aged about 7 years, had gone to the house of the appellant to play with his daughter. The appellant taking advantage of such situation enticed the victim away to a place near the bank of river Tangon. There he removed the wearing apparel of the victim and committed rape on her. The victim suffered injuries in her private parts and cried out loudly. She took refuge in the house of Bulti Barman (PW 4). From there she was taken to her house and she narrated the incident to her parents Raju Saha (PW1) and Archana Saha (PW8). She was removed to Bulbulchandi hospital and thereafter to Malda hospital where she was treated for 3/ 4 days. Her father Raju Saha lodged FIR over the incident against the appellant.

(3.) In the course of investigation wearing apparels of the victim were seized and sent for FSL examination. Statement of the victim was recorded under Section 164 CrPC and charge sheet was filed against the appellant. Charge was framed against him under Section 376(2)(f) of the Indian Penal Code.