Sanjib Benerjee, J. - (1.) The appellant has challenged his conviction under Sections 376, 417 and 493 of the Penal Code and the sentence thereupon. The judgment of the trial court runs into 85 pages and the conclusion is that the ingredients of Sections 376, 375, 417 and 493 of the Code were satisfied in this case.
(2.) It may suffice to merely set out the evidence given in court by the victim in its principal part: "The incident took place two years back on 5th Sraban at about 11 A.M. in our house. On that day my parents were not present in my house. He came to our house and told that he is not feeling good without me. The accused told that he cannot live without me and he did the act of "Suhagrat" after undressing my saree, blouse and lifting my petticoat (saya) touching my body. He asked me to turn according to his wish on the bed and thereafter he did such act. He promised to marry me touching my head. Thereafter he asked to me put on all my wearing apparels. He told to see if anybody was present there outside. After ascertaining nobody was there, he went off. There was none in my house on that day."
(3.) What is apparent from such evidence is that the victim consented to having sex with the appellant and, thereafter, the appellant promised to marry the victim. There is also a statement made by the victim in course of her examination-in-chief that on a later occasion she performed the same act with the appellant but it was seen by her mother.;