ASTO MALIK Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This appeal is directed against the judgment and order of conviction and sentence dated 23rd December 2003 passed by the Learned Sessions Judge in ST Case No. 450/03, thereby convicting the appellant under Section 376 of the Indian Penal Code and sentencing him to suffer imprisonment for life and to pay a fine of Rs. 1000/-, in default to suffer rigorous imprisonment for another six months.

(2.) On 13th February 2002 at about 13:05 hours, PW 1 lodged a First Information Report under Section 376 read with Section 511 of the Penal Code alleging that on 12th February 2002 at about 20:00 hours, the appellant took his minor daughter to a lonely place of Gajipur Hospital, sexually harassed her and raped her. His daughter was growing up in his father-in-law's house. Hearing her shouts, the informant's mother-in-law PW 4 rushed to the spot and the appellant fled away. With the help of some local youths, PW 4 admitted the victim at the Amta Hospital in an injured and bleeding condition. As the informant was busy in his daughter's treatment that night, he submitted the complaint on the next day. The victim girl was about 5 years old at the date of occurrence.

(3.) After completion of investigation the Investigating Officer PW 10 filed a charge-sheet. On 8th September 2003 a charge was framed against the appellant under Section 376 of the Penal Code. The appellant pleaded not guilty and the trial started. The prosecution examined 10 witnesses to bring home the charge.