Joymalya Bagchi, J. - (1.) The Appeal is directed against judgment and order dated 05/10.11.2014 passed by learned Additional Sessions Judge, 7th Court, Alipore, South 24 Parganas in Sessions Trial No. 5(7)/13 arising out of Sessions Case No. 49(3)/13 convicting the appellant under Section 376(2)(f) of the Indian Penal Code and under Section 506 of the Indian Penal Code and directing him to suffer rigorous imprisonment for ten years and to pay a fine of Rs.10,000/-, in default, to suffer further rigorous imprisonment for six months for commission of offence under Section 376(2)(f) of the Indian Penal Code and to suffer rigorous imprisonment for two years for commission of offence under Section 506 of the Indian Penal Code. Both the sentences shall run concurrently.
(2.) The prosecution case, as alleged against the appellant, is to the effect that on 31.12.2012 at around 10.30 a.m. the victim aged about three and half years had gone to the room of the appellant to play. The appellant was a co-tenant in the house where the victim resided. Soon thereafter the victim came out crying. Appellant came out of her room and threatened the mother of the victim (P.W. 1) not to disclose the incident to any one. P.W. 1 took her daughter to a local doctor. The doctor informed her that medical report could be given after 72 hours. Father of the victim was away from home. As a result, P.W. 1 lodged written complaint to the local Police Station after two days resulting in registration of Kasba P.S. Case No. 11 of 2013 under Sections 376(2)(f) and 506 of the Indian Penal Code. In the course of investigation victim was medically examined. Statement of P.W. 1 was recorded under Section 164 Cr.P.C. and charge-sheet was filed. The case was committed to the Court of Sessions and transferred to the Court of the learned Additional Sessions Judge, 7th Court, Alipore, South 24 Parganas for trial and disposal.
(3.) Charges were framed under sections 376(2)(f) and 506 of the Indian Penal Code against the appellant who pleaded not guilty and claimed to be tried.;