Joymalya Bagchi, J. - (1.) The appellant was convicted for commission of offence punishable under Section 376(2)(f) of the Indian Penal Code and directed to suffer rigorous imprisonment for five years and to pay fine of Rs. 2,000/-, in default, to suffer simple imprisonment for two months.
(2.) Prosecution case against the appellant is to the effect that the minor daughter of Hasir Mian was playing in front of her house on 20th May, 2004 around 5.00 P.M. At that time, the appellant took the child inside his room and ravished her. When the complainant returned home and started searching for the child, she found her in the room of the appellant. She was bleeding profusely. On enquiry, the victim informed that she had been raped by the appellant. The victim was sent to Malda Sadar Hospital on the next morning and was treated there for two days. On the written complaint of her mother, the instant case was registered.
(3.) Nobody appeared for the appellant. Mr. Anwar Hosssain, learned Amicus Curiae submits that there is no eye witness to the incident and, therefore, it cannot be said with certainty that the appellant had assaulted the victim.;