- (1.) This appeal is directed against a judgment and order dated 16th of March, 2006 and 17th of March, 2006 respectively passed by learned Additional Sessions Judge, Fast Track Court-I, Krishnanagar, Nadia in Sessions Trial No.XIII (March), 2005 arising out of Sessions Case No.7 (10) 2004. By the impugned judgment and order the learned Trial Judge convicted the present appellant under Section 376 of the Indian Penal Code and sentenced him to suffer rigorous imprisonment for 10 years and also to pay a fine of Rs.2000/-, in default, to suffer R. I. for four months.
(2.) The prosecution case may be summarized as follows:- One Putul Das lodged a written complaint to the O. C. Nakashipara Police Station, District Nadia on 18th of April, 2004 alleging that accused Raju Das used to mix with her daughter 'X' (name is withheld to keep the identity of the victim secret) aged about 19 years for last four years and had physical relation with a promise of marriage resulting 'X' being pregnant for five months. It was further case that though accused admitted said fact but when the matter was informed to the villagers, accused Raju Das refused to marry 'X'.
(3.) On the basis of said written complaint Nakashipara P. S. case No.90/04 dated 18th April, 2004 under Sections 376/417 of the Indian Penal Code was initiated. After investigation I. O. submitted charge sheet against the accused under Section 376/417 of the Indian Penal Code. Charges were accordingly framed and accused faced trial.;