- (1.) THIS appeal arose out of the judgment and order dated 21.06.2011 passed by the learned Additional District and Sessions Judge, Fast Track Court, Balurghat, Dakshin Dinajpur in Sessions Trial No. 03/2010 arising out of Sessions Case. No. 248/2007 and thereby convicting the appellant for commission of offence under sections 376/417 of Indian Penal Code.
(2.) IN the background of this appeal, the fact in a nutshell is as follows : One Batasi Mondal aged about 19 years lodged a complaint stating that accused is her neighbour and they are in visiting terms. For such reason relationship of love affairs grew up between accused Santosh Mondal and the complainant and such relationship became deeper gradually. On allurement of Santosh, she met physically with Santosh at the bed room of the complainant of 2 -3 days and after few days of such of their sexual intimacy, the complainant felt some physical difficulties and thereafter she was taken to a doctor at Kaldighi by her family members and the attending doctor after examining the complainant opined that the complainant became pregnant. The complainant narrated the incident of her mixing with Santosh to her mother and other relatives. The complainant thereafter met Santosh and asked him to marry her but he refused and rather asked the complainant to abort her foetus. A 'Salish' was called to settle the dispute but Santosh at the instigation of his brother and mother disappeared from the village.
(3.) ON the basis of the complaint, police started a case and after investigation, police submitted charge -sheet against the accused persons Santosh Mondal, Tusta Mondal and Kamala Mondal. The case was committed to the Court of Sessions by the learned Magistrate.;