Asha Arora, J. - (1.) This appeal is directed against the judgment and order of conviction and sentence dated 10/9/2008 and 12/9/2008 passed by the learned Additional Sessions Judge, 1st Fast Track Court, Berhampore, Murshidabad in Sesions Trial No. 3(1) of 2005 arising out of Sessions Serial no. 837 of 2003 convicting the appellant/accused for the offence punishable under section 376 IPC and sentencing him to suffer rigorous imprisonment for seven years and to pay a fine of Rs. 15,000/- in default of which to suffer rigorous imprisonment for a further period of six months for the aforesaid offence.
(2.) Prosecution case in brief as alleged by the prosecutrix in the FIR lodged by her on 13/7/2002 at 15.25 hrs. at Rejinagar Police Station is as follows: On 2/1/2001 the accused (appellant) Habai Sk., a neighbour of the prosecutrix, came to her house during the absence of her family members and committed rape on her. When the prosecutrix cried out, the accused pressed a cloth on her mouth and asked her not to disclose the incident to anyone as he would marry her. Thereafter the accused had sexual intercourse with the prosecutrix on several occasions with the assurance that he would marry her. On 10/5/ 2002 when the accused refused to marry the prosecutrix, she divulged the incident to her parents and the villagers pursuant to which there was a village salish. The accused refused to abide by the decision of the salish and fled away which prompted the prosecutrix to lodge the FIR.
(3.) On the basis of the FIR (exhibit 1), a proceeding being Rejinagar P.S. Case No. 64 of 2002 dated 13/7/2002 under section 376 IPC was initiated against the accused. After due investigation charge-sheet was submitted against the accused under section 376 IPC. The trial Court framed the charge for the offence punishable under section 376 IPC against the accused who pleaded not guilty to the arraignment and claimed to be tried.;