JUDGMENT

1. This appeal arises out of the judgment and order of conviction and sentence passed by the learned Additional Sessions Judge, Fast Track Court-II, Krishnanagore, Nadia in Sessions Case No. 45(9) 2002.

2. By the judgment the appellant, Sentu alias Prasenjit Sannyal, was convicted for commission of offence punishable under Section 376 of the Indian Penal Code and was sentenced to suffer rigorous imprisonment for seven years and to pay a fine of Rs.5,000/-; in default, to suffer rigorous imprisonment for two months more.

3. To put briefly, the prosecution case may be stated as under:

4. On 17th November, 2000 the victim girl then aged about eight years, the daughter of the informant Gobinda Sarkar, went to the house of Subal Halder to listen 'Kirtan' song. At that time the appellant, Sentu alias Prasenjit Sannyal, came to the victim girl, who was then holding a three cell torch light in her hand. The appellant lifted her on his lap and brought her by the side of a bush situated on the carve of a road running by the side of the house of Sajal. After bringing her there, the appellant forcibly put off her pant and sexually ravished her against her will. After committing rape the a