NADIRA PATHERYA,J. - (1.) This appeal is directed against the judgment and order of conviction dated 30th August, 2013 and 2nd September, 2013 passed by the Additional Sessions Judge, Ranaghat, in Sessions Trial No. 3(11) of 2011 arising out of Sessions Case No.19 (8) of 2009 whereby and where under the appellant was convicted under Sections 302/201/34 and 376 (2) (f) of the Indian Penal Code.
(2.) The case of the prosecution is that on 13th April, 2009, that is, the date of 'Neel Puja' , the victim girl aged 4 1/2 years went to the house of the accused appellant in the neighbourhood at about 6 pm. to watch television after taking permission from her mother. She did not return home. The de facto complainant returned home at about 8.45 pm. and made enquiry of his daughter to which he was informed that the victim girl had gone to watch television in the house of the accused appellant. He went to the house of the accused appellant but did not find the victim girl there and undertook a vigorous search along with the local people but in vain. At night intimation was given to the G.R.P.S. and a missing diary was diarised at Ranaghat Police Station vide G.D.Entry No.498 dated 14.4.2009. Thereafter on 14.4.2009 a cultivator of Panthpara went to water his paddy field which was by the side of Bongaon Railway line and it was then that he found the victim girl floating in the drain by the side of the Bongaon Railway line near Sadhubagan. The de facto complainant reached there at about 10.00 am and identified the dead body as that of the victim. The lower part of the body of the victim girl was without any garment and the wearing apparel was lying at a distance of 5 feet from the body. It was the firm belief of the de facto complainant that miscreants had raped the victim girl and thereafter killed her and thrown her body in the drain. An FIR was filed and Ranaghat P.S. Case No.89 dated 14.4.2009 under Sections 376/302/201 I.P.C. was started against unknown miscreants. Investigation was undertaken and on completion of investigation Charge sheet was submitted against the accused appellant, Mithu Biswas and Anjali Roy. The case was thereafter committed to the Court of Sessions. The Additional Sessions Judge, Ranaghat, Nadia framed Charge against the above mentioned accused persons under Sections 302/34, 201/34 I.P.C. and 376 I.P.C. against the accused appellant, Mithu Biswas and Anjali Roy. The charges were read over and explained to the accused appellant and the Charge sheeted persons, each of whom pleaded not guilty and claimed to be tried.
(3.) At trial, the prosecution examined 15 witnesses. The accused persons were examined under Section 313 Cr.P.C. Based on the oral and documentary evidence the Trial Court acquitted Mithu Biswas and Anjali Roy under Section 376(2)(f) I.P.C. and sentenced the accused appellant to suffer rigorous imprisonment for life with fine of L 5,000/-, in default, further rigorous imprisonment for six months, for the offence under Section 376(2)(f) I.P.C. The appellant was sentenced to suffer rigorous imprisonment for life with fine of L 5,000/- and further rigorous imprisonment of six months, in default of payment of fine, for the offence under Section 302 I.P.C. The accused appellant was sentenced to suffer rigorous imprisonment for 7 years along with a fine of L 5,000/-, in default to suffer further rigorous imprisonment of six months for the offence of murder under Section 201 I.P.C. He was also directed to suffer rigorous imprisonment for three years and to pay a fine of L 5,000/-, in default, further rigorous imprisonment for six months for the offence of rape under Section 201 I.P.C. Each of the sentences was to run concurrently.;