Joymalya Bagchi, J. - (1.) The appellant was convicted under Section 376(2)(f) of the Indian Penal Code and directed to suffer rigorous imprisonment for 10 years and to pay fine of Rs. 5,000/-, in default, to suffer rigorous imprisonment for 10 days.
(2.) Prosecution case against the appellant is that on 11th February, 2007 around 5.00 P.M. while the mother of the victim was away, the appellant took away the victim to his house and thereafter when she returned, the appellant handed over the victim who was crying. On inspection, her mother found that the child had suffered bleeding injuries in her private parts and she took the victim to Matigara Health Centre. In the meantime, the father of the victim went to the health centre and was informed that the victim had been shifted to North Bengal Medical College and Hospital. He met his wife and daughter at the hospital and thereafter lodged complaint.
(3.) Mr. Gupta, appearing for the appellant submits that the victim had suffered injuries due to an accident and the appellant has been falsely implicated in the case. He relied on the evidence of the defence witnesses, D.W.s 1 to 3, in support of such contention.;