SANJAY PASWAN Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) THIS appeal has been preferred at the instance of the convict challenging the order of conviction and sentence passed by the learned Additional Sessions Judge at barrackpore, North 24-Parganas in ST 3 (1) 2005/sc 21 (12) 2004.

(2.) THE prosecution case, in short, is that the victim girl was aged about 31/2 years at the time of commission of the alleged offence. The said victim girl used to live along with her parents and other relations in the bhadreswar Jute Mill Quarter. On 24th September, 2004 the victim girl reported to her mother at about 6:00 p. m. that she was having pain in the vagina and the accused, Sanjay Paswan had inserted his penis in her vagina. The said victim girl was thereafter taken to the house of the accused where she identified the appellant/convict, sanjay Paswan, the person who inserted his penis in her vagina. The incident was reported to the police at about 8:15 p. m. on the same day and a criminal case was thereafter started against the appellant/convict.

(3.) THE victim girl was also examined by the Doctor and the Doctor opined that mild abrasion was found on both sides of Iabia minora of the said victim. The convict was also found to be potent for sexual intercourse during medical examination by the Doctor. The police submitted charge-sheet against the appellant herein and ultimately, learned Additional sessions Judge framed charge against the appellant under Section 376 (2) (a) of I. P. C.