SUGATO MAJUMDAR
Gopal @ Manu Das – Appellant
Versus
State Of West Bengal – Respondent
JUDGMENT
Sugato Majumdar, J. - The instant appeal is filed against judgment of conviction and order of sentence dated 29/01/2016 passed by the Additional District and Sessions Judge, Second Court, Contai, Purba Medinipur in Sessions Trial No. 02/September/2012 convicting the appellant under section 354 of the Indian Penal Code. Genesis of the case is the written complaint made by Nilkamal Mondal, the father of the victim girl wherein it was stated that on 25/02/2012 in the evening at about 5:30 P.M. the appellant took his minor daughter to a nearby field on the pretext of giving her some beans and raped her forcefully. At night, after dinner when the victim went to bed with her mother, she felt unbearable pain in her genital. When her mother interrogated her she disclosed the incident to her. A written complaint was lodged which was received in Egra Police Station on 26/02/2012 at 17:05 hours. On the basis of the written complaint formal F.I.R. was drawn up and Egra Police Case No. 33 of 2012 dated 26/02/2012 under Section 376 (2) (f) of I.P.C. was initiated.
2. The Investigating Officer visited the place of occurrence, prepared rough sketch map, examined the witnesses and recorded t
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