SURABUDDIN @ SURAB ALI Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This criminal appeal is directed against the judgment and order of conviction dated 27.07.2012 and 30.07.2012 passed by learned Additional District & Sessions Judge, F.T.C. 5, Barasat in connection with Sessions Case No. 35(9)/2008 giving rise Sessions Trial No. 07(05)/2009, convicting the appellant under Section 376 (2) (f) of the Indian Penal Code, and thereby sentencing the convict appellant to suffer rigorous imprisonment for life with fine of rupees five thousand in default further rigorous imprisonment for six months.

(2.) Before we resort to address the core issues, raised in this appeal, some salient facts, may be adumbrated hereunder.

(3.) An eleven years old girl, while carrying food with her, supplied from house, as lunch of her father, was subjected to rape by accused person on 26.10.1995 at about 2.30 p.m. by appellant, on her way to field, where her father was watering the agricultural land with use of pump and was expecting arrival of his daughter taking meal for him.