BIDHAN GHOSH Vs. THE STATE OF WEST BENGAL

JUDGEMENT

(1.) This appeal arises out of judgment and order dated August 8, 2014 passed by Learned Additional Sessions Judge, Tehatta, Nadia in S.T. No. 12(3) of 2010 corresponding to S.C. No. 104(11) of 2009, by which Learned Judge of the trial court sentenced the appellant to suffer rigorous imprisonment for 7 years and to pay fine of Rs. 5,000/ - in default to suffer imprisonment for 6 months for commission of the offence punishable under Sec. 376 of the Indian Penal Code.

(2.) The backdrop of the conviction and sentence of the appellant by the trial court is as follows: On August 28, 2009 the de facto complainant filed one written complaint before the Inspector -in -charge of Tehatta Police Station in the District of Nadia. The contents of the written complaint disclose that the minor daughter of the de facto complainant aged about 14 years studied upto Class -VII at Barnia Sarbartha Sadhika Girls' Junior High School. The minor girl of the de facto complainant is the victim girl of this case. The victim girl fell in love with the appellant aged about 20 years. The appellant is a co -villager of the victim girl. The appellant cohabited with the victim girl on promise of marriage. The pregnancy of the victim girl was detected by the de facto complainant when the victim was pregnant for 3 months. The incident was reported to the father of the appellant in a meeting of comprise held in the village. Both the appellant and his father took two days time for consideration of the proposal of marriage of the victim with the appellant, but they did not turn up after expiry of two days. Accordingly, the appellant reported the incident to the police and the criminal case was started against the appellant at Tehatta Police Station.

(3.) The police took up the investigation of the criminal case. Both the appellant and the victim girl had undergone medical examination. The statement of the witnesses were recorded by the Investigating Officer. Ultimately, chargesheet was submitted against the appellant on the allegation of committing offence under Sec. 417/376 of the Indian Penal Code. The appellant was arrested and detained in custody. The appellant pleaded not guilty of the charge and faced the trial. On conclusion of trial Learned Judge of the Court below convicted the appellant and sentenced him to imprisonment for 7 years for the offence under Sec. 376 of the Indian Penal Code, but he was acquitted of the charge under Sec. 417 of the Indian Penal Code.