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JOYMALYA BAGCHI, BIVAS PATTANAYAK
Dipak Singha – Appellant
Versus
State of West Bengal – Respondent


Advocates:
Counsel for the Parties:
For the Amicus Curie:Mr. Pawan Gupta, Advocate
For the State:Mr. Saswata Gopal Mukherji, Ld. P.P., Ms. Amita Gaur, Advocate

JUDGMENT

Joymalya Bagchi, J.—Appeal is directed against judgment and order dated 28th June, 2013 and 29th June, 2013 convicting the appellant for commission of offence punishable under Section 376(2)(f) of the Indian Penal Code and sentencing him to suffer rigorous imprisonment for ten years and also to pay a fine of Rs.10,000/-, in default, to suffer rigorous imprisonment for one year more.

2. Prosecution case, as alleged against the appellant is to the effect that on 20.05.2010 at 11 p.m. in the night when family members of the victim girl aged around 11 years had gone to attend ‘Namsankritan’, the appellant came into the house and embraced her. Thereafter, he committed rape on her. Hearing shouts of the victim, local people came to the spot. Written complaint was lodged by the mother of the victim girl (P.W. 1) resulting in registration of Bishnupur P.S. Case No. 236 of 2010 dated 21.05.2010 under Section 376(2)(f) of the Indian Penal Code against the appellant. In course of investigation, the victim was medically examined and her statement was recorded before Magistrate. Appellant was arrested and charge-sheet was filed. Charge was framed under Section 376(2)(f) of the India

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