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Judgment
Joymalya Bagchi, J
The appellant was convicted for commission of offence punishable under Section 376(2)(f) of the Indian Penal Code and sentenced to suffer rigorous
imprisonment for eight years and to pay a fine of Rs.5,000/-, in default to suffer rigorous imprisonment for one year more with the further direction
that half of the fine amount, if paid, shall be handed over to the victim as compensation.
The prosecution case as alleged against the appellant was to the effect that the appellant, who was the caretaker of Manorama Lodge, had committed
rape upon a minor aged about ten years. Evidence of the minor victim (P.W.9) unequivocally establishes that she had been sexually violated by the
caretaker of the lodge.
The doctor (P.W.4) also found injuries in her private parts corroborating her version. It is true that the victim girl (P.W.9) and her mother (P.W.1)
were unable to name the appellant. However, the appellant had been identified by the victim and I find no reason to disbelieve the convincing
version of a minor relating to sexual assault upon her which is corroborated by medical evidence.
Accordingly, the conviction and sentence of the appellant are upheld.
The appeal is dismissed.
Period of detention suffered by appellant during investigation, enquiry or trial shall be set off against the substantive sentence imposed upon him under
Section 428 of the Code of Criminal Procedure.
Copy of the judgment be sent down to the trial court at once.
I agree,