LATIFUR RAHAMAN Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The present appeal has been preferred against the judgment and order of conviction and sentence dtd. 30/5/2019 & 31/5/2019 passed by the Learned Additional Sessions Judge, Chanchal, Malda in Sessions Trial No.45(12)2017 arising out of Sessions Case No. 30 of 2017 convicting the appellant under Sec. 376/417 of the Indian Penal Code and sentenced him as follows:

(2.) Chanchal Police Station case no. 65 of 2014 dtd. 5/2/2014 was registered for investigation against Latifur Rahaman, Mamtaj Hossain, Lutfal Bibi, Ansar Ali and Amjad Ali on the basis of an application filed by the victim (hereinafter referred to as 'X') before the learned ACJM, Chanchal in M.P. Case No. 54/2014. The Learned ACJM, Chanchal was pleased to direct the Officer- in-charge, Chanchal Police Station to register the case treating the petition of complainant as FIR.

(3.) The allegations made in the application under Sec. 156(3) of the Code of Criminal Procedure were to the effect that Latifur Rahaman was married to 'X' about a year ago. Soon after marriage conflict arose due to demand of dowry and on 3/7/2013 the accused gave Talaq to the de facto complainant/'X' at the instigation of the other accused persons named above. After Talaq the complainant was residing at her parental home, however, being aided and abated by the other accused persons the accused Latifur Rahaman allured the complainant with false promise of giving land in her name along with other things. The accused promised to marry her and with the allurement took the de facto complainant to a house in Kolkata from her father's house on 21/12/2013