DEBASHISH CHAKRABORTY Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Appellant stands convicted under Sec. 376(2)(f) of the Indian Penal Code and sentenced to undergo Rigorous Imprisonment for life with hard labour and fine of Rs. 2,000.00, in default whereof, to further undergo 6 months additional Rigorous Imprisonment by the impugned judgment dated 3rd July, 2013 passed in Sessions Trial Case No. 191 of 2012 by the learned Court of DistrictAdditional Sessions Judge at Ghatsila.

(2.) Informant is the mother, who inter alia alleged that on 11th Dec., 2011 at 5 p.m in the evening, she had gone to purchase clothes of her daughter at Musaboni market. She returned to her home at around 7:00 p.m after purchase of the clothes and saw that her daughter aged 6 years was crying and blood was oozing out of her vagina. On being asked, she stated that around 6:00 p.m she was playing with other children of the village, when Babun Chacha came and took her towards the house and opened her pant and did wrong acts, as a result of which, blood started oozing out of her vagina and she went to her home crying. Informant with her daughter went to the house of Babun and asked him about the occurrence. Babun abused her and ousted her from his house. She took her daughter to Primary Health Centre, Musaboni and informed her husband. Her husband does work of labourer at Musaboni Potato shop. The doctor referred her for better treatment to MGM Hospital at Jamshedpur. She has alleged that Debashish Chakarborty @ Babun Chakarborty aged 20 years, son of Madan Mohan Chakraborty, village-Badiya, P.S.- Musaboni, District-East Singhbhum induced her daughter and committed rape upon her, as a result of which, blood started coming out of her vagina and her condition is serious.

(3.) After submission of the charge-sheet, charges were framed against the sole accused under Sec. 376(2)(f) of the Indian Penal Code and read over and explained to him in Hindi to which he denied and claimed to be tried.