Tirthankar Ghosh, J. - (1.) The appeal has been preferred against the judgement and order of conviction dated 08.04.2010 and sentence dated 09.04.2010 passed by the learned Additional District & Sessions Judge, Fast Track Court, Amta, Howrah in Sessions Trial No.159/08 arising out of G.R. Case No.553/05 corresponding to Amta P.S. Case No.44/05 dated 18.05.2005, wherein, the learned Trial Court was pleased to convict the appellant under Section 376 of the Indian Penal Code and sentenced him to suffer rigorous imprisonment for 10 years and also to pay fine of Rs. 50,000/- (Fifty Thousand) i.d. to suffer rigorous imprisonment for six months more.
(2.) The prosecution case as alleged in the First Information Report was initiated by Sk. Rasho, father of the victim girl which is to the effect that his next door neighbour Sk. Maidul son of Sk. Mohammad, Village Khasnan, P.O. Sonamui, District Howrah, enticed his daughter to marry her and by taking such plea used to come to his house and mixed as husband and wife for 9 months. As a result his daughter became pregnant and when she asked Sk. Maidul to marry her, he refused. The complainant thereafter informed the father of Sk. Maidul and requested him to come to a compromise by getting them married. But the father of Sk. Maidul i.e. Sk. Mohammad refused to the proposal and started threatening his family. The complainant thereafter requested the Officer-in-Charge, Amta Police Station to take appropriate steps for his 7 months pregnant daughter.
(3.) On the complaint of the father of the victim (PW-1), Amta P.S. Case No.44/05 dated 18.05.2005 was registered for investigation, against the appellant under Section 376 of the Indian Penal Code.;