AJOY PARIDA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) THE present appeal is directed against the judgment and order of conviction and sentence passed by the learned Additional sessions Judge, Fast Track Court, Howrah in Sessions Trial No. 519 of 2004 arising out of Sankrail P. S. Case No. 146 of 2004 dated 23-7-2004 corresponding to G. R. Case no. 1602 of 2004.

(2.) THE prosecution case, in brief, is that the mother of the prosecutrix lodged the written FIR (Exhibit 1) alleging inter alia th'at her minor daughter aged about 10 years went to the house of the appellant on 17th july, 2004 around 1. 30 p. m. to watch T. V. along with a friend aged about 5 years. While the prosecutrix and her said friend were watching the T. V. at the house of the said neighbour-accused, at that time the accused drove out the friends of the prosecutrix from his house and thereafter, took the prosecutrix in a room. The accused thereafter, took the prosecutrix on his lap forcibly and also pressed the body of the prosecutrix. After a few minutes, the accused again took the prosecutrix on the bed and lay down her there and also removed her wearing pant. Thereafter, the accused himself removed his own pant and also attempted to rape the prosecutrix. At the time of the process of rape, the prosecutrix cried out and as such the accused accelerated the volume of the t. V. set so that nobody could hear the crying of the prosecutrix. At that time, the next door neighbour, Soma Chowdhury was talking with her mother on a loud voice and on hearing such voice, the accused got frightened and as such he opened the outer side gate/door when the prosecutrix came out from the room of the accused by way of running and reached at her own house and thereafter narrated the entire incident to her mother. The said mother of the prosecutrix attempted to suppress the entire episode out of fear of public and reputation of their family as well as future of the prosecutrix, but after making consultation with the next-door neighbour over the incident in question ultimately went to the Thana with her husband and the prosecutrix on 24th July, 2004 and lodged the written complaint. Pursuant to the aforesaid written complaint, police registered a case and started investigation.

(3.) THE victim girl was examined by the doctor who found reddish hymen of the said victim girl and also detected sign of inflammation of the private parts of the victim girl. The accused appellant was also found to be potent for performing sexual intercourse by the Doctor during medical examination.