BHOLA DAS Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) By his judgment and order dated 28 January, 2016 passed in Sessions Trial No. 08 of 2013, the learned Additional Sessions Judge, Fast Track Court - II, Howrah, convicted the appellant for committing offence under Section 376(2)(f) of the Indian Penal Code (in short, 'IPC') and sentenced the appellant with rigorous imprisonment for 20 years and also imposed a fine of Rs. 25,000/-, in default simple imprisonment for six months. The amount of fine if deposited was directed to be given to the victim as compensation.

(2.) The prosecution case essentially is that on 29 August, 2012 at about 9 A.M., when the victim girl, stated to be 8years of age at that time, was returning from private tuition, on the way she was intercepted by the accused/appellant who told her that he would buy biscuit for her. He took her to a stationary shop and purchased one packet of tiger biscuit. He then took her to the bank of a "jhil" (lake) near the Press Quarter. There the accused disrobed the victim and committed rape on her. Thereafter, he warned the victim not to disclose the incident to anybody otherwise he would kill her.

(3.) The written complaint was filed by the girl's mother on 1September, 2012 on the basis whereof the First Information Report was lodged on the same date. The charge-sheet was issued on 1 March, 2013. The accused was charged for committing offence punishable under Section 376(2)(f) of the IPC. He pleaded not guilty and accordingly stood for trial.