SHIVAKANT PRASAD,J. - (1.) This is an application for bail under Section 389 of the Criminal Procedure Code, 1973 for suspension of the judgement of conviction dated January 19, 2018 and order of sentence dated January 10, 2018 passed by the learned Additional Sessions Judge, 8th Court, Alipore, South 24-Parganas in Sessions Trial No. 1(8) of 2014, which corresponds to Sessions Case No. 1(10) of 2013, convicting thereby the appellant for commission of offence punishable under Section 376(1) of the Indian Penal Code and sentencing him to suffer rigorous imprisonment for seven years and to pay a fine of Rs. 2,00,000/- in default to suffer simple imprisonment for a further period of one year, inter alia, on the grounds stated in the petition.
(2.) The appellant was placed on trial before the learned trial Court to answer to charges for commission of offences punishable under Section 376(1) of the Indian Penal Code in connection with Sessions Trial No. 1 (8) of 2014, which corresponds to Sessions Case No. 1(10) of 2013, arising out of Kalighat Police Station Case No. 164 dated June 1, 2013. The petitioner states that he has very good and arguable case and has a fair chance of success if the aforesaid appeal is heard out on merits.
(3.) I have heard the learned advocate for the petitioner/appellant and also the learned advocate for the State who has invited my attention to the deposition of the victim girl, PW-5 who has deposed through video conference. I have gone through the impugned judgement. It is submitted by Mr. Sandipan Ganguly, learned advocate appearing for the petitioner/appellant that the victim on the alleged date of occurrence went to the house of the accused in the night on the alleged date of occurrence and stayed there till the rest of the night and there was no resistance alleged made by her when allegedly she was subjected to sexual assault rather she slept overnight and when she left the premises in the morning searching for a taxi she did not raise any hue and cry in the locality.;