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Judgment
Joymalya Bagchi, J
Perused the report wherefrom it is found that the convict has served out the substantive sentence imposed on him.
The appellant was convicted for commission of offence punishable under Section 376(1) of the Indian Penal Code and sentenced to suffer rigorous
imprisonment for eight years and to pay a fine of Rs.10,000/-, in default to suffer rigorous imprisonment for one year more.
Prosecution case as alleged against the appellant is to the effect that the appellant had fraudulently married the victim who was aged about 13 years
and had forcibly raped her. On the basis of the written complaint lodged by the father of the victim, a criminal case was registered and charge sheet
filed under
Sections 342/376/494 of the Indian Penal Code and under Section 5 of the Child Married Restraint Act. Charge was framed under Section 376 of the
Indian Penal Code and the appellant pleaded not guilty and claimed to be tried.
In conclusion, trial court by judgement and order dated 4th February, 2011 convicted and sentenced the appellant as aforesaid.
I have perused the evidence on record. PW 3 is the victim girl. She deposed that one-year back on Saturday at about 8 PM the appellant who is the
friend of her father had taken her to his house made her sign blank papers which were subsequently converted into a marriage contract and forcibly
raped her. She informed the incident to her parents and her father lodged the FIR. Evidence of the victim girl is corroborated by her parents namely,
PW1, her father and PW 2, her mother. PW 6, Dr. Samarandranath Roy who treated the victim found injury on the lower part of her vagina and also
found rupture in the vagina. He proved the injury report, wherein it is recorded that the victim stated the Doctor that she has been raped.
From the aforesaid evidence on record, it appears that the appellant had been subjected the minor to forcible sexual assault and had sought to cover up
the misdeed under the guise of a sham marriage. The version of the victim is not only corroborated by independent witnesses but also medical
evidence.
Conviction and sentence of the appellant are upheld.
The appeal is accordingly dismissed.
Period of detention suffered by the appellant during investigation, enquiry and trial shall be set off from the substantive sentence imposed upon him in
terms of 428 of the Code of Criminal Procedure. He is directed to surrender forthwith to serve out the sentence.
Copy of the judgment be sent down to the trial court at once.
Urgent Photostat Certified copy of this order, if applied for, be supplied expeditiously after complying with all necessary legal formalities.