TAPASH MOOKHERJEE,J. - (1.) The judgment and order of conviction and sentence dated 23.09.2013 and 24.09.2013 passed by the learned Additional Sessions Judge, Fast Track Court - III, Barasat, North 24 Parganas in S.T. 01 (03) 2012 (S.C. 04 (11) 2009) are in challenge in the present appeal. By the aforesaid judgment the learned Trial Court found the Appellant/accused Sunil Roy guilty of the offence punishable under Section 376 (f)/ 511 of the Indian Penal Code (in short, I. P. C.), convicted him accordingly and sentenced him to suffer Simple Imprisonment for six years with fine of Rs. 10,000.00 (rupees ten thousand only) with default clause.
(2.) The facts leading to the present appeal may be briefly summarized as follows: -
(3.) On 30.10.2007 one Smt Kalpana Das wife of Laxman Das of Duttapukur, Sri Krishnanagar under P.S. Barasat submitted a written complaint and therein alleged that in the afternoon of that day she searched for her minor daughter at the place of her pay but she did not find her daughter there. Sometimes thereafter, she found her daughter coming out of the house of the accused weeping and limping and on asking her daughter disclosed that in that afternoon her daughter was called in the house of the accused with some allurement and the accused, inside his house, attempted to commit rape on her daughter and having heard her call the accused let off her daughter and thereafter she noticed some stains in the under garment of her daughter.;