MANINDRA PAUL Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) On 13/12/2011 in the evening at about 5.30 p.m. a minor girl aged about eight years was allegedly ravished by her private tutor. On the next date of the alleged incident, the mother of the victim girl lodged a written complaint against the accused in the local police station on the basis of which a case under Sec. 376(2)(f) of the Indian Penal Code was registered. The investigation culminated in filing charge-sheet by the police under the said penal provision against the accused.

(2.) Since the offence charge-sheeted was exclusively triable by the Court of Sessions, after commitment, the case was committed to the learned Additional Sessions Judge, Cooch Behar for trial and disposal.

(3.) During trial, prosecution adduced evidence in support of the charge by way of examination of the charge-sheeted witnesses. Some documents were marked exhibits on proof. The accused was examined under Sec. 313 of the Code of Criminal Procedure where he pleaded his innocence. It is also ascertained from the cross-examination of the witnesses on behalf of the prosecution that the defence took a specific plea to the effect that some amount of money was due to the mother of the victim and she lodged a false case against the accused so that she might not pay the said amount.