Subhasis Dasgupta, J. - (1.)This Criminal Appeal being no. 743 of 2014 is directed against the judgment and order of conviction dated 14.3.2014 and 15.3.2014, passed by Learned Additional Sessions Judge, 1st Court, Darjeeling in Sessions Trial No.01/2009, arising out of Sessions Case No. 26/2008, convicting the appellant under Section 376 (2) (f) of the Indian Penal Code and thereby sentencing him to suffer rigorous imprisonment for life and to pay fine of Rs.5000/- (rupees five thousand), in default to suffer 1 (one) year Simple Imprisonment.
(2.)The factual position in a nutshell, as established in trial, is that on 19.7.2008, at about 2 p.m., the complainant/mother went to participate in the procession of Gorkha Nari Mukti, conducted by Gorkha Janamukti Morcha, keeping her seven (7) year old daughter (victim) under the temporary care of one Sankar Tamang (husband of PW-3), a neighbour of complainant. The convict/appellant during the absence of de-facto complainant/mother took her daughter from the house of Shankar Tamang to his rented house at about 4 p.m. After participating in the procession, the complaint/mother returned home at about 4 p.m., and while searching for her daughter, she could find her daughter/victim lying in unconscious condition with evidence of bleeding from her private parts and further her wearing apparels becoming stained with blood.
(3.)After regaining sense, the victim/daughter, on a query being raised by complainant/mother, told her mother that accused had ravished her taking her to his rented house.