SUDHANGSHU SEKHAR GANGULY,J. - (1.) THIS appeal is from the judgment and order of conviction passed by Shri K.D. Banerjee, Additional Ses5ions Judge, 1st court, Hooghly in S.T. No. 101 of 1977.
(2.) THE prosecution case is that the accused -appellant Sanatan Ghosh and Rekha Rani Ghosh -both living in the village -Muktarpur under Police Station -Balagarh within the district of Hooghly are close neighbours. In or about 1975 (corresponding to 1382 B.S.) Sanatan started frequenting Rekha's house and became intimate with her and promised repeatedly to marry her. Thereafter one night in Pous 1382 B.S. (Corresponding to December, 1975 to January, 1976) in the absence of the other members of the family, Sanatan forcibly carried Rekha to the Dhankisbal, gagged and threatened her and had sequel intercourse with her against her objection and without her consent. He also promised to marry her if she did not disclose it to anybody. Thereafter Sanatan had sexual intercourse repeatedly with Rekha on other occasions also as a result of which she became pregnant. On the night of 2nd Jaistha of 1383 B S. (mid May of 1976) Rekha and Sanatan were caught together in a solitary place and there in presence of relations of Rekha and a number of co -villagers Sanatan promised to marry Rekha on the 11th Jaistha following. Before that day however, Sanatan married another girl and came back home with her on 11th Jaistha. The F.I.R. was lodged against him a few days thereafter. On the above allegations a charge under section 376 I.P.C. was framed against Sanatan. The prosecution examined Rekha (P.W. 2), her mother Shobba Rani (P.W, n, her brother Brindaban (P.W. 3) and several other co. villagers. The defence was that the prosecution allegations against Sanatan were all false, that Rekha was impregnated by one of her sister's husband or somebody else and lastly that sexual intercourse between Sanatan and Rekha, if any, took place with the consent of Rekha.
(3.) ON a consideration of the materials on record the learned Judge has concluded that Sanatan had sexual intercourse with Rekha without her consent and hence the charge u/s 376 stood established against him even though Rekha was not below 16 at the relevant time. In the circumstances stated the learned Judge has convicted and sentenced the accused Sanatan to 3 years R.I. u/s 376 I.P.C. Hence this appeal.;