AMAR SARKAR Vs. STATE

JUDGEMENT

(1.) IN this appeal, appellant assails his conviction for the offence of rape awarded by the trial court vide impugned judgment of 10th October, 2006, and the sentence of rigorous imprisonment of seven years with fine of Rs. 10,000/ - imposed upon him for the offence under Section 376 of the IPC, vide impugned order of 18th October, 2006.

(2.) THE factual scenario emerging from the record of this case is, that the appellant/accused was a astrologer by profession and he knew the family of the prosecutrix (PW -1) and on 6th June, 2005, at about noon

(3.) THE stand taken by the Appellant/accused before the trial court was of denial. However, Appellant/accused had admitted in his statement under Section 313 of Cr.P.C. that on the date of incident, he had told the prosecutrix that the astrological remedy was to wear 'Ruby ', a precious stone and he had told the mother of the prosecutrix to bring 'tulsi ' leaves but he did not tell her to leave the prosecutrix at his house and the mother of the prosecutrix had brought 'tulsi ' leaves and had given Rs. 500/ - to him as advance, i.e., for the aforesaid precious stone and had left the house of the Appellant/accused on the pretext of arranging the balance amount of Rs. 18,000/ - of the stone by the evening time. Appellant/accused has also admitted that he had given the aforesaid precious stone 'Ruby ' to the prosecutrix. Rest of the prosecution case stands denied by the Appellant/accused. The reason for false implication given by the Appellant/accused in his aforesaid statement, reads as under: