1. A girl of tender age was sexually abused by a depraved man in an incident which occurred on 2nd August, 1994 in the precinct of Bangur Institute of Neurology.

2. Keeping in mind the object of preventing social victimisation or ostracism of a victim of sexual offence for which section 228A of the Indian Penal Code has been enacted stating that the name of such a victim shall not be indicated in the judgment, I think it appropriate to refer to her as ‘the victim’.

3. This appeal is directed against the judgment and order dated 29th March, 1995 and 30th March, 1995 passed by the learned Additional Sessions Judge 9th Court Alipore in Sessions Trial No. 1(2) 1995 convicting the accused Subal Chandra Dutta for the offence punishable under section 376/511 of the IPC and sentencing him to suffer rigorous imprisonment for a period of three years and to pay a fine of Rs. 250/- in default of which to suffer rigorous imprisonment for a further period of fifteen days for the aforesaid offence.

4. Bereft of unnecessary details, the case of the prosecution as narrated by the victim in her First Information Statement dated 2nd August, 1994 (exhibit 1/1) is as follows:

On 2nd August, 1994