Calcutta High Court: Rajarshi Bhardwaj, J., addressed an appeal arising out of a judgment and order of conviction passed by the Additional District and Sessions Judge sentencing the appellant to suffer rigorous imprisonment and fine along with the payment of compensation to the victim for commission of offence punishable under Sections 376 and 511 of Penal Code, 1860.
The present matter pertains to the contentions and facts that the victim during school hours went to use the toilet and at that time the appellant entered into the toilet and committed rape upon the victim girl.
A complaint was filed in regard to the stated prosecution case after which the officer-in-charge initiated the case under Section 376 (2) of the Penal Code, 1860. The accused was arrested and produced before the Court. Charges were framed against the accused under Sections 376 and 511 of the Penal Code.
Tapan Dutta Gupta, Counsel appearing on behalf of the appellant submitted that the case was concocted out of political rivalry and was established by the defence.
Advocate for the State submitted that the version of the victim has been corroborated by other witnesses, the appeal is liable to be dismissed. Some of the statements of the prosecution witnesses are mentioned below in order to understand the victim’s stand better:
- PW-1, father of the victim stated that on returning from school, victim girl told him that in the school she had gone to attend her nature’s call and that was the time when the accused entered into the latrine and forcibly committed rape upon her.
- PW-2, Victim herself stated that on the fateful day she went to the latrine of the school accompanied by her elder sister. She forgot to lock the room of the toilet from inside and at that time the accused entered into the toilet room and pressed his penis in her private part and when she started crying, the accused fled away from the spot.
- PW-5, the Medical officer, stated that the victim girl did not face any intercourse, though, during the examination, swelling was found over both vulva present and reddish discolouration inside labia minora. Such type of injury may be caused if any person tries to insert his penis in the vagina of a girl aged about 6 years.
Therefore, it appears from the evidence on record that the victim girl was a minor on the date of incident.
High Court stated that, although it has been desperately argued that the appellant was not present at the time of the incident, no such plea was raised nor any evidence led to probabilise, such plea of alibi on behalf of the appellant during the trial.
Hence, in view of the above discussion, appellant is found guilty of the offence punishable under Sections 376 and 511 of the penal Code, 1860 and further sentenced to suffer rigorous imprisonment for 5 years and to pay fine of Rs 4,000 only, in default to suffer simple imprisonment for 6 months is modified to the extent that the appellant was sentenced to suffer rigorous imprisonment of 5 years and fine of Rs 4,000 in default to suffer simple imprisonment for another 1 month.
Accordingly, the appeal is dismissed.[Pratap Dolai v. State of West Bengal, 2019 SCC OnLine Cal 2306, decided on 06-09-2019]