Manojit Mandal J. - (1.) This appeal is directed against the judgment and order dated 08.04.2013 and 09.04.2013 passed by the learned Sessions Judge, Dhakhin Dinajpur, at Balurghat in Sessions Trial Case No. 07 of 2013 arising out of Sessions Case No. 301 of 2012 convicting the appellant no. 1 for commission of offence punishable under Section 376 of the Indian Penal Code (hereinafter referred to as "IPC") and the appellant No. 2 for the commission of offence punishable under Section 376/109 of IPC.
(2.) The fact of the case in short is that victim girl (PW 2) lodged an ejahar with the Officer-in-Charge, Balurghat Police Station, on 21.07.2012 to the effect that appellant no. 1, Nemai Ghosh, is her grandfather and she lived with her father at their house. While on 13.07.2012 her Parents went to Rajasthan for livelihood, her father took her to the house of appellant no. 1 for keeping there. There she lived with her grandfather, the appellant no. 1, and his wife, the appellant no. 2. Her grandmother told her repeatedly to sleep with her grandfather and even told to cohabit with him but she declined. On 18.07.2012 at night her grandfather, the appellant no. 1, cohabited forcibly with her and her grandmother helped him. She did not disclose such facts to anyone and her grandparents told her if she discloses, it to anyone they would inflict physical torture upon her and even kill her. On the very day i.e. on Thursday after departure of her grandmother from the house, her grandfather kept her into a room locking from the outside and went away. She could not disclose the facts in fear. On that very day at night i.e., at the night of Thursday, her grandfather cohabited forcibly with her many times throughout the night. On 20.07.2012 at noon her grandfather was out of his house and at that time, she came out of the house and started shouting. On hearing her shouting her uncle and aunt came there and she narrated the incident to them.
(3.) Police investigated the case as usual and upon completion of investigation, submitted charge-sheet against the appellants under Sections 376/ 109/506 of the IPC.;