Subrata Talukdar, J. - (1.) THIS appeal arises against the judgment and order of eviction dated 17th December, 2013, 19th December, 2013 and 20th December, 2013 passed by the Ld. Additional 1st Sessions Court, Malda in Sessions Trial No. 22(6)/2013 arising out of the Sessions Case No. 136 of 2013 convicting the same appellant under Sections 376/506 of the Indian Penal Code and, under Sections4, 8 & 12 of the Protection of Children from Sexual Offences Act, 2012.
(2.) SRI Tapan Dutta Gupta, Ld. Counsel with Sri Bijoy Bag, Ld. Advocate appear for the appellant. The State Opposite Party is represented by Sri Subir Banerjee, Ld. Additional Public Prosecutor. The charge against the appellant is that on 23rd February, 2013 at about 10:30 pm when the minor daughter of the complainant, Bhakti Sarkar, was returning home the appellant came from behind and gagging her mouth with handkerchief threatened her with the point of a knife and took her into a mango grove where the appellant committed rape upon her. Thereafter the appellant threatened her not to shout otherwise he will kill her.
(3.) THE victim returned home but did not reveal anything to her mother, the appellant. The next morning when she found her crying and asked the reason, the incident was disclosed to her. Thereafter she was taken to Molpur Health Centre.;