Joymalya Bagchi, J. - (1.) The appellant has been convicted by judgement and order dated 31.07.2006 passed by Additional Sessions Judge, 9th Fast Track Court, Bichar Bhawan, Kolkata for commission of offence under section 376 of Indian Penal Code and sentenced to suffer rigorous imprisonment for term of 10 years and to pay a fine of Rs.2,000/- to suffer simple imprisonment for six months.
(2.) The prosecution case, as alleged, against the appellant is to the effect that on 30.11.1998 at 9.05 PM when the mother of the victim minor girl had gone out to work as maid servant he had allured the victim girl on the promise of giving chocolate and took her to 'Dighir Maidan' and committed rape upon her. When her mother returned home at 5.30 PM she found that the victim was missing and subsequently the victim girl returned and cried loudly and confided in her about the incident of rape. The mother of the victim girl also noted bleeding injuries on the body of the victim and the latter was admitted at Eden Emergency Ward at Calcutta Medical College & Hospital. The matter was reported to Jorasanko P.S. and was diarised as General Diary Entry No. 3632 dated 30.11.98. On receipt of such information, the police officer went to the Medical College & Hospital Calcutta to work out the said information. On the complaint of the mother of the victim girl, criminal case was registered. In the course of trial, prosecution examined ten witnesses. In conclusion of trial the trial court convicted and sentenced the appellant, as aforesaid.
(3.) Nobody appears on the bahlf of the appellant. Ms. Zareen N. Khan, learned counsel is requested to appear as amicus curiae in the matter. Ms. Khan submitted that the evidence of the victim is unreliable and that there was an enmity between the appellant and the father of the victim minor girl (P.W.2), who had demanded money from the appellant and as the latter refused to pay, he was falsely implicated in the instant case.;