SANJOY DEBNATH Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The appeal is directed against the judgment and order dated 21/22.2.2012 passed by the learned Additional Sessions Judge, Fast Tract Court No.5 at Barasat, North 24-Parganas in S. T. No. 03 (06) 06 [S.C. No.10(03)06] convicting the appellant for commission of offence punishable under Section 376(2)(f) of the Indian Penal Code and sentencing him to suffer imprisonment for ten years and to pay a fine of Rs.10,000/-, in default to suffer further rigorous imprisonment for six months.

(2.) Prosecution case, as alleged against the appellant, is that the victim, aged about 3 years, was ravished by the appellant on 23.8.2005 at 3:00 p.m. in the kitchen of one Khuku Mondal, situated at Kharo Belar Math. The case was registered on the basis of a written complaint lodged by Madhab Debnath (P.W.1), father of the victim. In the said written complaint it was alleged that on 23.08.2005 at around 3:00 p.m. his daughter had been taken away by the appellant into the kitchen of Khuku Mondal and was ravished. As a result, his daughter felt ill and was treated at Habra State General Hospital. On the basis of the aforesaid written complaint, Habra P. S. Case no. 253 dated 23.08.2005 under Section 376(2)(f) of the Indian Penal Code was registered for investigation. Upon completion of investigation, charge- sheet was filed in the instant case under the aforesaid provision of law.

(3.) The case was committed to the court of sessions and transferred to the court of the Additional Sessions Judge, Fast Track Court No.5, Barasat, North 24-Parganas 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. In course of trial, prosecution examined 12 witnesses and exhibited a number of documents.