R.K. Bag, J. - (1.) This appeal arises out of judgment and order dated May 24, 2013 passed by learned Additional Sessions Judge, 2nd Fast Tract Court, Jangipur in Sessions Trial No. 8th February, 2008 arising out of Sessions Case No. 7/2008, by which learned Judge of the trial Court sentenced the appellant to suffer rigorous imprisonment for 5 years and to pay fine of Rs. 1000/ -, in default to suffer simple imprisonment for one month for the offence under Ss. 376(2)(f)/511 of the Indian Penal Code and also to suffer imprisonment of one year for the offence under Sec. 354 of the Indian Penal Code.
(2.) The backdrop of conviction and sentence of the appellant is as follows: - - "On January, 29, 1999 at about 9 O'clock in the morning the victim girl aged about 10 years was alone in her house, when her parents were working in the nearby field. At that time, the appellant about 19 years old, who happens to be co -villagers of the victim, entered into the house of the victim, dragged her inside the room and made her lie down on the wooden cot. The appellant pressed cloth in the mouth of the victim, so that she may not raise any alarm. The appellant also threatened the victim with a knife. Thereafter, the appellant made the victim forcibly naked and tried to commit sexual intercourse on the victim against her will. The victim managed to remove the cloth from her mouth and raised alarm. Hearing alarm, the neighbours turned up on the place of occurrence and the appellant fled away. The victim narrated the incident to her father immediately after arrival of the parents in the house from the field."
(3.) The father of the victim filed written complaint before the Officer -in -Charge, Raghunathganj Police Station on January 29, 1999 and on the basis of the said written complaint Raghunathganj Police Station Case No. 26 of 1999 dated January 29, 1999 came into existence. The father of the victim narrated the incident in a written complaint as an attempt to commit rape and as such criminal case was started against the appellant under Ss. 376/511 of the Indian Penal Code. The police investigated the said criminal case and submitted chargesheet before the competent Court of learned Magistrate. The case was committed to the Court of Sessions. The learned Additional Sessions Judge, 3rd Fast Track Court, Jangipur framed charge against the appellant on the allegation of committing offence under Sec. 376(2)(f)/511 and Sec. 354 of the Indian Penal Code. Having heard learned Advocates and on consideration of the evidence on record, learned Judge of the trial Court convicted the appellant for both the offences and imposed sentence of term imprisonment for five years for the offence under Ss. 376(2)(f)/511 of the Indian Penal Code and imprisonment for one year for the offence under Sec. 354 of the Indian Penal Code. I am informed that the appellant is detained in custody since May 24, 2013 and the sentence was not suspended during pendency of the appeal.;