JYOTSNA KORA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This is an application under Section 397/401 read with Section 482 of the Code of Criminal Procedure assailing the judgment and order passed by learned Additional Sessions Judge, 4th Court, Burdwan in Sessions Cas No. 99 of 2007 corresponding to Sessions Trial No. 19 of 2007 acquitting thereby the accused person under Section 376/417 of the Indian Penal Code.

(2.) The prosecution case, in short, is that the victim lodged a complaint with the O.C., Ausgram P.S. on 15.2.2006 alleging that she was about 15 years of age, reading in class - VIII. The accused Ananda Kora of her village developed intimacy with her and there was love affairs between them. The accused proposed to marry her and used to take her to the bank of the pond and used to cohabit against her will. As a result, she conceived and at the time of lodging the complaint she was carrying four months. After the receipt of the complaint, the Ausgram P.S. case No. 22 of 2006 dated 15.2.2006 was started under Section 376 I.P.C. After the completion of investigation charge sheet was submitted. The charge was framed against the accused/petitioner under Section 376 and 417 of the Indian Penal Code to which the accused pleaded not guilty and claimed to be tried.

(3.) The learned Judge while recording the order of acquittal observed that the victim girl was above 16 years of age at the time of commission of the alleged offence and that the evidence on record and the conduct of the victim girl showed that she was a consenting party. The learned Judge held that from the circumstances it could not be said that her sexual intercourse was under misconception of fact, that is, promise to marry her.