Shivakant Prasad, J. - (1.) In this appeal the appellant has assailed the judgment and order dated 30th September, 1991 passed by Sessions Judge, Hooghly convicting the appellant for the charge under Sections 376/417 of Indian Penal Code and sentencing him to undergo Rigorous Imprisonment for four years and to pay fine of Rs. 2000/- in default to suffer further Rigorous Imprisonment for six months for charge under Section 376 IPC and also sentenced to suffer Rigorous Imprisonment for six months for the charge under Section 417 IPC in Sessions Trial Case No. 4 of 1991 arising out of Jangipara P.S. Case No. 8(1)/90 dated 18th January, 1990 under Sections 419/376 of Indian Penal Code.
(2.) The appellant was placed on trial to answer the charges under Section 417/376 of the Indian Penal Code to which the appellant pleaded not guilty and claimed to be tried. After prosecution examined as many as fifteen (15) witnesses, he was examined under Section 313 of the Code of Criminal Procedure to which he pleaded ignorance and declined to adduce defence evidence.
(3.) Prosecution case, in brief, is that the victim girl and the accused appellant were the neighbour in the Village Tara Anantapur P.S. Jangipara, District- Hooghly. For last one year they became close to each other. One day during the period when the parents of the victim were not in the house, the accused proposed sexual intercourse with the victim girl on promised to marry and committed sexual intercourse with her as a result she became pregnant and give birth to a male child on 10.01.1990 but even after the birth of the child the appellant accused refused to marry her. The matter was taken up with the Gram Panchayet for an amicable settlement but it had not materialised. Finding no alternative, the victim lodged the complaint to prosecute the appellant.;