Mukherjee, J. - (1.) This appeal is directed against the judgment of conviction and sentence passed by the learned Assistant Sessions Judge, 2nd Court, Hooghly in Sessions Trial No. 73 of 2002 sentencing thereby the appellant to suffer rigorous imprisonment for ten years under Section 376 of the Indian Penal Code with a further direction to pay a sum of Rs.50,000/- under Section 357 of the Cr.P.C. as compensation to the victim in default to suffer S.I. for three years.
(2.) The victim girl lodged complaint with the O.C. Balagarh P.S. District Hooghly alleging that on the last part of the Jaishta/ Ashar 1408 B.S. she worked in the house of Khodabox Sarkar of her village and used to boil and thrash paddy for 3-4 days. One day at noon when she went to the house of Khodabox Sarkar @ Duburi, the youngest son of Khodabox Sarkar named Samsul took her to his room inside the house and raped her. Samsul Sarkar used to perform the duty of making payment of wages in cash and kind (rice) to the labourers. When she started crying being raped by Samsul Sarkar, he promised that he would marry her and told not to divulge the incident to others. Accordingly, the victim out of shame and fear did not tell it to anybody. After that incident whenever she used to go to Samsul Sarkar for collecting money and rice for her wages, Samsul Sarkar raped her several times on the false pretext that he would marry her. Because of acquaintance with him she used to go to Samsul's room to watch T.V. during noon and he used to commit rape upon her with the promise of marriage. The victim became pregnant and when she asked Samsul he threatened to kill her. Subsequently, her parents understood everything and on being asked she divulged the matter. Her father told the villagers about the incident, but, Samsul declined his responsibility. Under such circumstances, the victim lodged the complaint on 16.02.2002.
(3.) After receipt of the complaint, the Balagar P.S. Case No. 9 of 2002 dated 16.2.2002 was started and after completion of investigation charge- sheet was submitted. Charge was framed under Section 376 of the Indian Penal Code. The accused pleaded not guilty and claimed to be tried.;