DEBI PROSAD DEY, J. - (1.) This appeal is directed against the judgement and order of conviction dated 14.09.2016 and 15.09.2016 delivered by learned Additional Sessions Judge, 7th Court, Barasat, North 24 Parganas in sessions trial no. 05(7) of 2013 arising out of sessions case no. 09(5) of 2013 whereby and where under learned trial Judge has convicted the appellant for the offence under Section 376 of the Indian Penal Code and sentenced him to suffer Rigorous Imprisonment for 7 years and to pay a fine of Rs.10,000/- in default to suffer further Rigorous Imprisonment for 6 months.
(2.) Being aggrieved by and dissatisfied with such judgment this appeal has been preferred to this Court on the ground that the prosecution could not explain properly in respect of delay in lodging the First Information Report and that the prosecution also could not produce any reliable witness to establish the charge against the appellant and that learned trial Judge has erroneously come to a conclusion that the appellant is guilty for the offence under Section 376 of the Indian Penal Code. Learned Advocate appearing on behalf of the appellant contended that the alleged occurrence took place as per the statement of the victim at about 8/9 a.m. on 9th July, 2012 and that too, such occurrence took place on an open field. The First Information Report was lodged on 17th July, 2012 without any explanation to that effect and the Doctor did not find any injury on the person of the victim though allegedly she was ravished on an open field. It is further submitted that out of political enmity the appellant has been wrongly roped in such a false case and learned trial Judge has failed to appreciate the evidence on record in its true spirit and thereby came to an erroneous finding.
(3.) Learned Advocate for the State however has supported the conviction and sentence awarded by learned trial Court. It is submitted that the delay in lodging the First Information Report has been properly explained by the defacto complainant and that the victim has categorically stated against the appellant during her examination in the trial Court and learned trial Judge was absolutely justified in convicting the appellant for the offence under Section 376 of the Indian Penal Code and sentenced him accordingly.;