- (1.) Appellant, Mukul @ Mafikul Mondal, was found guilty of the charge under section 376 of the Indian Penal Code and was convicted accordingly. Learned Court of Additional Sessions Judge, Fast Track Court-IV, Krishnagar, Nadia, by order dated 16.6.2007 sentenced him to rigorous imprisonment for 10 years and to pay fine of Rs. 5,000/- i.d. to further imprisonment for five months.
(2.) Being, aggrieved by the said judgment and order of conviction and sentence, Appellant approached this Court with the instant appeal. The prosecution case can best be summed up by referring to the evidence of the victim, who had deposed as P.W. 2.
(3.) The same is: On 9th June, 2006, she being accompanied by her elder brother, Sukanta, went to the place of the accused/Appellant for her private tution. Her brother, Sukanta, was first called by the accused inside the room and he was asked to massage his body. After sometime, she was called by the accused through her elder brother. She entered into the room and it was then locked by the accused from inside. She was undressed by the accused, who too took off his dress. Then, he put his penis into her vagina. Thereafter, he ejaculated and .asked her to get the panti washed in his bathroom. She, however, did not do so. She returned home and washed the same. She reported the incident to her mother.;