INDRAJIT CHATTERJEE,J. - (1.) This court is hearing this appeal as against the judgement and order of conviction dated August 29, 2015 passed by the learned Additional Sessions Judge, 2nd Fast Track Court, Alipore, South 24 -Parganas in connection with Sessions Case No. 10(8)2008 (Sessions Trial No. 5 (11)/2008) arising out of Kashipur Police Station Case No.34 dated April 28, 2007 which was late on registered as G.R. Case No. 653/2007. As per that order of conviction, the present appellant was convicted in respect of the charge punishable under Sections 376(2)(f)/511 of the Indian Penal Code (hereinafter referred to as the said Code) and was sentenced to suffer rigorous imprisonment for five years and also to pay fine of Rs.2,000/ - in default to suffer 2 months simple imprisonment. The fact of this case as agitated by the prosecution can be stated in brief thus: - That on April 28, 2007, mother of the victim girl went to Kashipur Police Station, District - South 24 -Parganas and handed over one written F.I.R. wherein she complained that on April 28, 2007 at about 12.00 noon she along with her minor daughter were guarding the cucumber orchard '(Sasha Khet)' and when the minor daughter went to take bath in a nearby shallow tube -well at a distance of 25 cubits at that time the convicted appellant tried to rape the victim girl inside the hole where there was 2 1/2 feet water. When the victim girl raised alarm her mother rushed there and found her daughter undressed and saw the accused to do that act of crime. She also raised alarm and thereafter some other witnesses came there and the accused appellant fled away.
(2.) The F.I.R. was registered as Kashipur Police Station Case No. 34 dated April 28, 2007 and investigation was started under Sections 376(2)(f)/511 of the Code. The Police investigated the matter and the Investigating Officer of the case after completion of investigation submitted charge sheet against the accused punishable under Sections 376(2)(f)/511 of the Code. The accused was committed to the Court of Sessions and ultimately it was handled by the learned Additional Sessions Judge, 2nd Fast Track Court, Alipore.
(3.) Charge was framed against the accused under Section 376(2)(f)/511 of the Code to which the accused pleaded not guilty and claimed to be tried. The claim of the defence as made out before the Trial Court was a plea of false implication on the ground that there is dispute as regards that particular orchard of cucumber. The convict/appellant further claimed that his family is owning the adjacent field. The defence came up with a specific case that the incident did not take place and he was falsely implicated.;