- (1.) This appeal is directed against the judgement and order of conviction passed by A. D. J, Fast Track Court, Berhampore, Murshidabad on 05.09.2008 thereby convicting Rahid Ali Sk. to suffer R. I. for seven years and to pay fine of Rs. 15,000/- I. D. to suffer R. I for another six months for commission of offence under Section 376 I. P. C. The convict i. e. Rahid Ali is also sentenced to suffer further R. I. for one year and to pay fine of Rs. 3,000/- I. D. to suffer R. I. for another a month for commission of offence under Section 417 I. P. C. If the amount is released as order by the Court below 50% of the same would be remitted in favour of the prosecutrix towards compensation. A thumbnail sketch of the prosecution case is that on 22, . 01.2005 Sehenija Khatun lodged a written complaint to the local P. S. to the effect that on 02.05.2004 in the dead of night accused Rahid Ali committed rape on her against her will on threat of dire consequences to her life. Allegedly thereafter the accused i. e. Rahid Ali used to commit rape against her will on which she became pregnant. On being heard from the victim the accused promised her to marry and continued to cohabit with her on which she conceived for seven months. Lastly, on 08.01.2005 in the night accused forcibly cohabited with her and directed her for abortion. She was not agreed to that proposal on which accused refused to marry her. On the basis of written complaint police took up investigation of this case and after completion of investigation submitted charge sheet against the accused persons under Section 376/417 I. P. C.
(2.) After considering the materials-on-record and on hearing the submission of both sides a charge under Section 376/417 I. P. C. was framed against the accused on 07.09.2005 to which the accused pleaded not guilty and claimed to be tried. Now only point for consideration is whether the learned Trial court is justified in passing the sentence a mentioned above.
(3.) In order to bring home the charge leveled against the accused persons as many as 13 witnesses were examined from the side of the prosecution whereas no witnesses was examined from the side of the defence. Out of the 13 prosecution witnesses P. W. 1 Sehenija Khatun is the victim girl, P. W. 2 Noornisha Bibi is a relative of the victim girl. P. W. 3, 4 and 6 are the co-villagers. P. W. 5 Mansur Sk. is a distant relation of the victim girl i. e. P. W. 1. P. W. 8, 9, 11 and 13 are the doctors who examined the victim girl as well as the accused person. P. W. 7 and P. W. 10 are respectively the scribe of the First Information Report and O. C. of the local P. S. who are formal witnesses in this case and P. W. 12 Amrita Kumar Ghosh who is attached to Rejinagar P. S. was the I. O. of this case.;