JOYDEB SARDER Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The appeal is directed against the judgment and order dated 27.6.2014 and 30.6.2014 passed by learned Additional Sessions Judge, 17th Court, Alipore in Sessions Trial No.05 (01) of 2013 arising out of Sessions Case No.62 (12) of 2012 (C) 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. 5,000/-, in default, to suffer rigorous imprisonment for six months more.

(2.) The prosecution case, as alleged, against the appellant is to the effect that the victim who was aged around four years was playing with her friends on 23.7.2012 at 12 noon in front of her house. At that time, the appellant committed rape on her. The victim cried out in pain and the appellant ran away. Local people rescued the victim from the place of occurrence. On the written complaint of the father of the victim, Mahadeb Sasmal (P.W.1), Jibantala Police Station Case No.558 of 2012 dated 23.7.2012 under Section 376(2)(f) of the Indian Penal Code was registered for investigation against the appellant.

(3.) On completion of investigation, charge sheet was filed against the appellant and the case was committed to the Court of Sessions and thereafter transferred to the Additional Sessions Judge, 17th Court, Alipore for trial and disposal. Charge was framed against the appellant under Section 376(2)(f) of the Indian Penal Code. The appellant pleaded not guilty and claimed to be tried.