Shivakant Prasad, J. - (1.) The instant appeal is directed against the judgment and order of conviction and sentence dated 28.09.2016 passed by the Additional Sessions Judge, 2nd Court, Krishnanagar, District-Nadia in Sessions Trial No. VIII (II) of 2016 arising out of Sessions Case No. 2(11) of 2015 (Special) convicting the appellant under section 8 of Protection of Children from Sexual Offences Act, 2012 and sentenced to suffer Rigorous Imprisonment for three years and to pay a fine of Rs. 5,000/- in default to suffer Rigorous Imprisonment for three months inter-alia, on the grounds that the Learned Trial Judge ought to have considered that version of the victim girl P.W. 1 is not at all trustworthy because her oral testimony before the Court does not match with the evidence of Dr. Swadesh Garai P.W. 7 who examined her immediately after the alleged incident and she herself admitted that there was a preexisting enmity in between two community i.e. Mahiswa and Ghosh.
(2.) It is submitted that evidence of P.W. 2 Parthana Ghosh the mother of P.W. 1 is also not admissible because she never stated to anything to any person at the earliest point of point and for the first time she deposed before the Court. Similarly, evidence of P.W. 3 Mahadeb Ghosh, father of victim girl is not trustworthy.
(3.) It is further submitted that the alleged incident took place on 30.10.2015 and the victim girl was taken to doctor immediately but said Dr. Swadesh Garai P.W. 7 did not find any mark of injury on her private part.;