Joymalya Bagchi, J. - (1.) The appeal is directed against judgment and order dated 28.2.2013 and 1.3.2013 passed by learned Additional Sessions Judge, Fast Track, First Court, Malda in Sessions Trial No. 16(06) of 2012 corresponding to Sessions Case No. 112 of 2012 convicting the appellant for commission of offence punishable under Section 376(2)(f) of the Indian Penal Code and sentencing him to suffer imprisonment for life and to pay a fine of Rs.5,000/-, in default to suffer rigorous imprisonment for six months more.
(2.) The prosecution case, as alleged against the appellant, is to the effect that on 28.1.2012 the victim aged around 6 and 1/2 years was dancing in the puja mandav where Saraswati Puja was being celebrated. Since 8.00 p.m. she went missing. After 10.00 p.m. her grandmother (P.W.1) found her lying senseless on the bank of the pond of one Haran Master. P.W.1 alleged that she heard from people that the appellant had taken the victim to the bank of the pond and committed rape on her. Accordingly, she lodged written complaint with Manikchak Police Station resulting in registration of Manikchak P.S. Case No. 21 of 2012 dated 29.1.2012 under Section 376 (2)(f) of the Indian Penal Code.
(3.) In the course of investigation, the victim was medically treated as well as her statement was recorded before the Judicial Magistrate. In conclusion of investigation, charge sheet was filed against the appellant under Section 376(2)(f) of the Indian Penal Code. The case was committed to the Court of Sessions and charge was framed under the aforesaid section. The appellant pleaded not guilty and claimed to be tried.;