- (1.) Judgment and order dated 27.08.2014 passed by the learned Additional District and Sessions Judge, 2nd Fast Track Court, at Alipore, South 24 Parganas in Sessions Trial No. 5(3)08, convicting the appellant for commission of offence punishable under Section 376 of the Indian Penal Code and sentencing him to suffer rigorous imprisonment for seven years and to pay fine of Rs.10,000/-, in default, simple imprisonment for five months more has been assailed.
(2.) The prosecution case as alleged against the appellant is to the effect that victim girl had developed a love affair with the appellant and they were on visiting terms with each other. Taking advantage of such relation, in the month of October, 2006, the appellant took her to a garden at Brahmapur and committed rape upon her against her will. Initially, the appellant threatened her not to disclose the incident to anybody. However, subsequently, the appellant promised to marry her and accordingly they co-habited on a number of times. She became pregnant. As her pregnancy grew her parents noticed it and she divulged the incident to her parents. She was then carrying for six months. The parents went to the house of the appellant and proposed marriage of the appellant with the victim. But the appellant denied to marry her. The victim gave premature birth of male child after seven months of pregnancy. Thereafter she lodged written complaint which was registered as F.I.R. In conclusion of investigation, charge- sheet was filed under Section 376/506 I.P.C. The case was committed to the Court of Sessions and the learned Additional District and Sessions Judge took up the matter for disposal. Charge was framed against the appellant. The appellant pleaded not guilty and claimed to be tried. In the course of trial prosecution examined as many as nine witnesses. Defence of the appellant was of one of innocence and false implication. The appellant, however, did not examine anyone.
(3.) In conclusion of trial, the trial court by judgment and order dated 27.8.14 convicted the appellant and sentenced him, as aforesaid. Mr. Keshari, learned advocate for the appellant submitted that evidence of P.W.1 is highly unreliable. She alleged forcible rape upon her in October 2006, however, she did not disclose it to anyone for six months till her pregnancy was discovered. Her evidence in court is at variance with the F.I.R. Accordingly, the allegation of forcible rape cannot be believed. He further submitted that the age of the victim has not been conclusively proved in accordance with law. The victim being above the age of consent on the date of occurrence the appellant ought to be acquitted of the charge levelled against him.;