- (1.) THIS appeal arose out of the judgment and order dated 18.11.2008 passed by the learned Sessions Judge, Nadia, in Sessions Trial No. 4 of August, 2008 arising out of Sessions Case No. 55 of August, 2008, convicting the appellant under section 354 of IPC and sentencing him accordingly.
(2.) IN the background of this appeal, the fact in a nutshell is as follows :
(3.) A FIR was lodged to the effect that complainant's daughter Arifa Khatun, aged about 9 years and a student of class -V came to the house of her maternal uncle in village Patharghata within P.S. Tehatta in summer vacation. During her stay at the matrimonial home, she had been to the wayside saloon of accused Lalan Sheikh on 15.5.2008 at about 2 -00 p.m. for cutting her hair. At that time accused Lalan Sheikh forcibly raped her. She raised hue and cry. Neighbouring people assembled there and then the accused fled away from the spot. The victim girl felt ill. The victim girl was first taken to Tehatta Sub -divisional Hospital and therefrom she was referred to District Hospital at Shaktinagar. After investigation, police submitted charge -sheet. Police got the statement of the victim girl recorded by the learned Judicial Magistrate under section 164 Cr.P.C.;