Mrinal Kanti Sinha, J. - (1.) THIS Criminal Appeal bearing CRA No. 551 of 2005 has been directed against the judgement and order of conviction dated June, 9 2005, and sentence dated June 10,2005 passed by Sri Sukhendu Das, learned Additional Sessions Judge, Fast Track Court IV, Krishnanagar, Nadia, in Sessions Trial NO. XVII (4) 2005 arising out of Sessions Case No. 48(2) 2005 convicting the appellant of offences punishable under Sections 376/417 of the Indian Penal Code and sentencing the convict to suffer rigorous imprisonment for seven years and to pay fine of Rs. 5000/- in default to suffer simple imprisonment for three months for the offence punishable under Section 376 of the Indian Penal Code, and for six months and to pay fine of Rs. 600/- in default to suffer simple imprisonment for one month for the offence under Section 417 of the Indian Penal Code, while the said sentences as passed shall run concurrently and fine, if realised be paid to the victim Sipra Sarkar as compensation.
(2.) IT is the case of the appellant (in Jail) that the appellant was placed on trial to answer charges under Section 376/417 of the Indian Penal Code in connection with Sessions Case No. 48(2) 2005 which was initiated on the basis of a written complaint lodged by one Sipra Sarkar of Village Raninagar on 24.6.04 before the O.C. Murutia P.S., which was registered as Murutia P.S. Case No. 45 of 04 dated 24.6.04 under Sections 417/493/376 of the Indian Penal Code, on the allegation that since last one year the appellant Chand Mohan Sammadder, son of Karna Samadder, of her village committed sexual intercourse with the complainant aged about 16 years giving her assurance of marriage as a result of which she became pregnant and on being informed the appellant refused to marry her. After receiving that complaint the Investigating Officer investigated into the said case and after completion of investigation submitted charge sheet under Section 376/417 of the Indian Penal Code against the appellant and thereafter the case was committed to the Court of Sessions after compliance of the provisions of Section 207 of the Criminal Procedure Code and thereafter the case was transferred to the said Court for trial. After considering the materials on record charges under Sections 376/417 of the Indian Penal Code were framed against the appellant and read over and explained to him to which he pleaded not guilty and claimed to be tried. Thereafter the trial began and after examination of prosecution witnesses the appellant was examined under Section 313 of the Criminal Procedure Code, when the appellant denied the charges against him and it was the defence case that the allegation of rape against the appellant was brought by the complainant falsely with intention to create pressure upon him to marry her. After taking evidence and hearing the parties learned Additional Sessions Judge, Fast Track Court IV, Krishnagar, Nadia passed the aforesaid judgment and order convicting and sentencing the appellant. Being aggrieved by and dissatisfied with the aforesaid judgement and order of conviction and sentence of the learned Additional Sessions Judge, Fast Track Court IV, Krishnagar, Nadia, the appellant has preferred the present appeal before this Court praying for setting aside of the impugned order of conviction and sentence on the ground that the impugned order of conviction and sentence is against the evidence on record and is bad in law and has been passed relying upon surmises and conjectures without considering the defence case in its proper perspective, which has caused serious prejudice to the appellant and has resulted in total miscarriage of justice and the sentence is too severe.
(3.) THE respondent the State is contesting the appeal, but has not filed any affidavit-in-opposition, though it is the case of the State that the said judgement and order passed in the said sessions case has rightly been passed by the learned Additional Sessions Judge, Fast Track Court IV, Krishnagar, Nadia. On the above case of the parties it is to be considered as to whether the learned Additional Sessions Judge, Fast Track Court IV, Krishnagar, Nadia was correct and justified in passing the aforesaid judgement and order.;