The central legal point established in the judgment is the reliance on clear and consistent testimony, medical evidence, and witness statements to establish the nature of the offense and modify the conviction.

JUDGMENT

Joymalya Bagchi, J. - appeal is directed against the judgment and order dated 30.07.2013 passed by Learned additional Sessions Judge, 5th Court Krishnagar, Nadia in Sessions Trial No. XIII(Jan) 2013 arising out of Sessions Case No. 27(1) 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 pay a fine of Rs. 25,000/-, in default to suffer further rigorous imprisonment for one year more and with a further direction that the fine, if realized, be handed over to the victim girl.

2. Prosecution case as alleged against the appellant is to the effect that the victim girl (P.W. 7), aged around 7 years, along with her mother (P.W. 1) had been invited to attend the Boubhat ceremony of their neighbour, one Mohonlal Biswas. around 9 P.M. dancing and other celebrations were going on in connection with the marriage. Victim girl went out to call her friend Papiya to participate in the dance. Taking that advantage of the situation, appellant called her and told her to keep a bag in his house. Victim girl politely agreed. When she entered the room the appellant immediately entered from behind and closed the door. Thereafter, the appellant removed her wearing apparels as well as his trouser. He put his male organ on her vagina but could not penetrate. Thereafter, he inserted his male organ in her mouth. He gave a ten-rupee note to the child. When her mother (P.W. 1) enquired, she narrated the incident to her. On the next day, her mother lodged written complaint at the police station being Tehatta P.S. Case No. 799/2010 dated 12.12.2010 under Section 376(2)(f) of the IPC against the appellant. Victim girl was medically treated and made statement before the learned Magistrate. appellant absconded and subsequently was arrested and medically examined by P.W. 13 on 13.10.2012. In conclusion of investigation, charge sheet was filed against the appellant and charge was framed under Section 376(2)(f) of the Indian Penal Code. appellant pleaded not guilty and claimed to be tried. It was his specific defence that he was impotent and incapable of sexual intercourse. In the course of trial, prosecution examined 15 witnesses and exhibited a number of documents. In conclusion of trial, learned trial judge by judgment and order dated 30.07.2013 convicted and sentenced the appellant, as aforesaid.

3. Mr. Chakraborty, appearing for the appellant submits that his client was impotent as would appear from the opinion of Dr. Bani Mondal (P.W. 13). Hence, allegation that he committed rape on the minor girl is patently absurd. He further argued that the evidence of the victim girl (P.W. 7) is at variance with the deposition of her mother (P.W. 1) and First Information Report. Other prosecution witnesses also did not support the prosecution. He, accordingly, prayed for acquittal.

4. Mr. Das, leaned Counsel appearing for the State argues that the evidence of the minor victim (P.W. 7) is clear, cogent and convincing. She had made statement in similar lines before the learned Magistrate. Her version is corroborated by her mother (P.W. 1) and other prosecution witnesses. P.W. 5, medical officer noted bruise near introitus which supports the prosecution case. Evidence has come on record that the appellant is the father of three children and was subjected to potency test two years after the incident. Therefore, it cannot be said that he was impotent at the time of occurrence. accordingly, he prayed for dismissal of the appeal.

5. P.W. 7 is a minor child and the victim in the instant case. She was seven years of age at the time of occurrence. Trial judge post questions to assess her competence and thereafter recorded her deposition. She stated on the fateful night around 9 P.M. she had gone to attend the boubhat ceremony of a neighbour, Mohonlal Das. People were dancing and she went out to call her friend Papiya to join the dancing. app