The main legal point established is the reliance on victim testimony and medical evidence to convict the appellant for the offence of rape under Section 376 of the Indian Penal Code, considering the vulnerability of the victim.

JUDGMENT

Joymalya Bagchi, J. - The appellant has assailed judgment and order dated 23.07.2014 and 24.07.2014 passed by the learned additional District & Sessions Judge, 4th Court, Malda, in connection with Sessions Case No. 02/14 corresponding to Sessions Trial No. 7(02)2014 convicting the appellant for commission of offence punishable under Section 376 of the Indian Penal Code and sentencing him to suffer imprisonment for life and to pay fine of Rs.50,000/-, in default, to suffer further rigorous imprisonment for one year.

Victim is a blind girl who was barely 18 years old at the time of occurrence. In the night of 14.11.2013 the victim went out of her house to answer natures call. The appellant who was a neighbour forcibly pressed her mouth and took her to a field and raped her. When she resisted the appellant told her to keep quiet uttering 'chup chup'. She identified the appellant by his voice. after committing rape appellant threw her in a nearby well. She cried for help. Local villagers rescued her. Her parents also came to the spot. Her father (P.W.1) lodged written complaint against the appellant resulting in registration of Habibpur P.S. No. 203 of 2013 dated 15.11.2013 under Section 376/307 of the Indian Penal Code. Victim was medically treated. Her statement was recorded before Magistrate. appellant was arrested. Charge-sheet was filed against the appellant. Charges were framed under Section 376/307 of the Indian Penal Code. appellant pleaded not guilty and claimed to be tried.

In course of trial prosecution examined 7 witnesses. Defence of the appellant was one of innocence and false implication. It was the specific defence of the appellant there was a love affair between him and the victim. Victim wanted to marry him. In order to exert pressure on the appellant he was implicated in this false case. To probabilise his defence, appellant examined his wife as D.W.1 and one Shyamali Hembram as D.W.2.

In conclusion of trial, learned trial judge by the impugned judgment and order dated 23.07.2014 and 24.07.2014 convicted and sentenced the appellant, as aforesaid. He, however, acquitted the appellant of the charge under Section 307 of the Indian Penal Code.

Mr. Karmakar, learned Counsel appearing for the appellant argues allegation of rape is a false and concocted story. P.Ws. 1 and 2 parents of the victim girl are silent with regard to rape upon their daughter in court. Evidence of victim P.W.3 suffers from contradictions and embellishments. Evidence has come on record appellant used to visit the residence of P.W.1 and consume liquor. He had good relation with the victim. These probabilise the defence version that there was a love affair between the parties and to compel the appellant to marry, he was falsely implicated in the instant case. Injuries noted by P.W.6 may have been due to scratches. No injuries was found on the chest, back and breast of the victim girl. Hence, appellant is entitled to an order of acquittal.

Mr. Sengupta, learned Counsel appearing for the State submits victim sufffered from blindness. appellant was known to her. She identified the appellant by his voice and stated on the fateful night he had raped her. allegation of forcible rape is corroborated by medical evidence. Doctor who examined the victim found lacerated injuries in her private parts and stated she had been subjected to forcible rape. Defence version is palpably false and was rightly rejected by the trial Judge. appeal is liable to be dismissed.

P.W. 3 is the victim and most vital witness. She deposed she suffered from blindness since birth. She was sleeping in her house at night. She went to answer natures call. appellant forcibly pressed her mouth, took her to a field and raped her. When the appellant uttered 'chup chup', victim could identify him by his voice. Thereafter appellant threw her in a nearby well. Victim cried for help. Local witnesses, namely, Shyamali and Shanti rescued her. She stated the incident to her parents. Her parent