GOPAL SUR Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Appeal is directed against the judgement and order dated 21.01.2012 and 24.01.2012 passed by the learned Additional Sessions Judge (Newly Created) Sadar, Cooch Behar in sessions trial case no. 3 (3) 2011 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.30,000/-, 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 14.06.2009 the victim aged about 11 years had gone to the house of Shyamali Biswas, P.W. 2, for participating in a singing test. At around 00 p.m. the appellant who was the Tabla player of the victim took the latter from the examination centre. On the way, the appellant took the victim to his home and ravished her.

(3.) Thereafter, he brought her home. The appellant behaved normally with the mother of the victim and even had his meal in the said house. After the departure of the appellant, the mother of the victim found that the latter was crying and on being questioned the victim told her mother that the appellant had ravished her. This fact was also communicated to the father of the victim. Thereafter, she was taken to the Haldibari Hospital and medically examined. She was also taken to Jalpaiguri Sadar Hospital and medically treated for a couple of days.