R.K. Bag, J. - (1.) This appeal arises out of judgment and order of conviction and sentence passed by learned Additional Sessions Judge, 2nd Court, Malda, in Sessions Trial No. 12 of 2011 corresponding to Sessions Case No. 287 of 2010, by which the appellant was convicted for the offence under Sec. 376 of the Indian Penal Code and was sentenced to suffer rigorous imprisonment for six years and to pay a fine of Rs. 2,000/ -, in default to suffer imprisonment for six months.
(2.) The backdrop of conviction and sentence of the appellant by the trial court is as follows: On June 15, 2010, one Biswanath Mondal filed a written complaint before the Inspector -in -Charge of English Bazar Police Station, Malda disclosing the fact that on June 8, 2010 at about 7 p.m he went to mango garden where he was engaged as watchman by the owner of the garden to bring back his mentally retarded daughter who used to keep watch in the said mango garden. The informant, Biswanath Mondal heard groaning sound coming from a ditch adjacent to the mango garden and rushed to the place of occurrence. He saw the appellant committing sexual intercourse with his mentally retarded daughter. He caught hold of the appellant and raised alarm. On hearing alarm raised by the informant, some neighbours turned up, but the appellant fled away after giving push to the informant. The neighbours of the informant gave him advice to call a meeting in the village over the incident without reporting the same to the police. The informant waited for about three days, but no meeting was convened by the headman of the village. When some neighbours persuaded the informant to go to the police without waiting further for the meeting to be held in the village, the headman called the meeting on June 12, 2010. No fruitful discussion took place in the said meeting due to threat of the co -accused persons, namely, Raju Goswami, Kanu Goswami and Netai Goswami. Ultimately, the meeting was disrupted and the informant lodged the written complaint on June 15, 2010. Thus, English Bazar Police Station Case No. 487 of 2010 dated June 15, 2010 under Ss. 376/506 of the Indian Penal Code came into existence.
(3.) The police investigated the criminal case and submitted charge -sheet. The case was committed to the court of sessions. The charge was framed against the appellant under Sec. 376 of the Indian Penal Code and charge was framed against the co -accused persons under Sec. 506 of the Indian Penal Code. On conclusion of trial, learned Additional Sessions Judge convicted the appellant and sentenced him to suffer imprisonment for six years and to pay a fine of Rs. 2,000/ -, in default to suffer imprisonment for six months more, but the co -accused persons were acquitted of the charge under Sec. 506 of the Indian Penal Code.;