SATINATH PANDIT Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The appellant was convicted for commission of offence punishable under Section 376(2)(f) of the Indian Penal Code and sentenced to suffer rigorous imprisonment for eight years and to pay a fine of Rs.5,000/-, in default to suffer rigorous imprisonment for one year more with the further direction that half of the fine amount, if paid, shall be handed over to the victim as compensation.

(2.) The prosecution case as alleged against the appellant was to the effect that the appellant, who was the caretaker of Manorama Lodge, had committed rape upon a minor aged about ten years. Evidence of the minor victim (P.W.9) unequivocally establishes that she had been sexually violated by the caretaker of the lodge.

(3.) The doctor (P.W.4) also found injuries in her private parts corroborating her version. It is true that the victim girl (P.W.9) and her mother (P.W.1) were unable to name the appellant. However, the appellant had been identified by the victim and I find no reason to disbelieve the convincing version of a minor relating to sexual assault upon her which is corroborated by medical evidence.