INDIRA BANERJEE, J. - (1.) This appeal is against a judgment and order dated 30th July, 2008 passed by the learned Additional Sessions Judge, 3rd Fast Track Court, Siliguri in Sessions Case No. 28(1) of 2004 corresponding to Sessions Trial No. 7 of 2005 whereby the accused appellant has been held guilty and convicted of offence under Section 376 of the Indian Penal Code and also an order of sentence dated 31st July, 2008 whereby the accused appellant has been sentenced inter alia to rigorous imprisonment of ten years for the said offence under Section 376 of the Indian Penal Code, and also to fine of L 5,000/-.
(2.) The offence for which the accused appellant has been convicted is heinous. The accused appellant has, by the judgment and order under appeal, been found guilty of rape of a ten year old girl.
(3.) The case of the prosecution in a nutshell is that the accused appellant is the owner of a timber shop beside the house of the de facto complainant, father of the victim.;