- (1.) THIS appeal arose out of the judgment and order dated 21.1.1988 passed by the learned Sessions Judge at Midnapore convicting the appellant under section 417 of IPC and sentencing him to suffer rigorous imprisonment for one year and imposing a fine of Rs. 1000/ - in default imprisonment for 3 months in Sessions Trial Case No. VIII of May, 1987.
(2.) IN the background of this appeal, the fact in a nutshell is as follows : One Santosh Kumar Mandal lodged an information at Mayna P.S. on 26.5.1987. The daughter of the complainant one Jharna Mandal was working as a maid in the house of Bankim Maity at Purba Dakshin Mayna for 7/8 years since she was 12/13 years of age. In May, 1986 Jharna broke down in tears to her father and informed that Tapan Maity, 3rd son of Bankim Maity, had committed sexual intercourse with her on promise of marriage and had cohabited with her for about a year and at that time she was pregnant for five months. When the female folk of the house came to know of this they took her to a doctor and got medicine from him to cause abortion. She did not agree. The father of the complainant informed the panchayat. There was a sitting but no fruitful result yielded. Therefore, a complaint was lodged.
(3.) ON the basis of the complaint, police started a case and after investigation, police submitted charge -sheet against the accused person. The case was committed to the Court of Sessions by the learned Magistrate. After hearing of both sides, the learned Trial Court framed charge under sections 376/417 of IPC against the accused. To contest this case the prosecution examined as many as ten witnesses while none was examined on the side of the accused.;