- (1.) The challenge in this appeal is to the judgment and order dated 30.03.2010 passed by the learned Additional Sessions Judge, Fast Track Court No. 3, Lalbagh, Murshidabad in Sessions Sl. No. 230 of 2007 arising out of G.R.
(2.) No. 1036 of 2007 thereby convicting the appellant, Hayat Sk., for committing offence under Sections 376(2)/511 of the Indian Penal Code and sentencing him to suffer rigorous imprisonment for five years.
(3.) The judgment and order has been assailed on the following grounds: (a) that the learned Trial Court failed to appreciate the evidence on record in its true and proper perspective; (b) that the learned Trial Court failed to take note of the fact that the doctor, on examination, found that the vagina of the prosecutrix was not admitting one finger even and hymen was intact; (c) that the learned Trial Court failed to take note of the fact that there was inordinate delay in lodging the First Information Report and medical examination of the victim girl; (d) that the learned Trial Court was oblivious of the fact that the grandfather of the victim, who had taken the victim to Lalbagh Hospital for her treatment on 21.09.2009, did not support the prosecution case; (e) that the learned Trial Court failed to take note of the contradictions in the First Information Report and the facts stated by the P.W. 7; (f) that the learned Trial Court was also oblivious of the fact that the victim died due to Pneumonia and that she did not report the doctor who examined her for that purpose that she was having pain in her private part; (g) that the learned Trial Court failed to take note of the fact that the doctor, who examined the victim on 20.09.2007, found a fresh injury inside the vagina of the victim who was seven years old only; (h) that the statement of the victim recorded under Section 164 of the Code of Criminal Procedure itself appears to be tutored one, which the learned Trial Court failed to take note of; and (i) that the learned Trial Court, being swayed by emotion, recorded the order of conviction, which is not sustainable in law at all.;