Joymalya Bagchi, J. - (1.) The appellant was convicted under Section 376(2)(f) of the Indian Penal Code and directed to suffer rigorous imprisonment for 7 years and pay a fine of Rs.5,000/-, in default to suffer simple imprisonment for one month more.
(2.) Prosecution case as alleged against the appellant is to the effect that on 4.11.2003 around 3PM daughter of the victim went to the shop of the appellant to purchase biscuits. Half an hour later she came back home and stated to her mother that the appellant had done something in her private parts. She showed her private parts to her mother and her mother found that she had been violated as there were bleeding injuries. She informed the incident to the village head who promised that the matter will be resolved in a salish. However, no steps were taken. Hence, on 7.11.2003 she lodged criminal case against the appellant. The victim was medically treated in the Hospital and in conclusion of trial the appellant was convicted and sentenced, as aforesaid.
(3.) Nobody appears for the appellant. Ms. Faria Hossain as amicus curiae argued that the PW-1 had not supported the prosecution case. She stated that the victim had suffered injury due to a fall and her version has been corroborated by other witnesses. On the other hand, Learned Public Prosecutor submitted that the PW-1 had been subjected to pressure by the appellant and forced to sign a false affidavit to obtain bail for the appellant during trial. Injuries in the private parts of the victim has been proved by the evidence of the Doctor, PW-7.;