MRS. SANDHA SAHA Vs. UTTAM BISWAS AND ANR.

JUDGEMENT

(1.) This is application under Sec. 401/482 Cr.P.C. is directed against the judgment and order of acquittal passed by learned Assistant Sessions Judge, 2nd Court, Krishnanagar, Nadia in Sessions case No. 95(9) of 2005 corresponding to Sessions Trial No. V (December) 2005 whereby the accused person was acquitted of the charge under Sec. 376 I.P.C.

(2.) The case of the prosecution, in short, is that the victim girl lodged the F.I.R. alleging that she was aged about 16/17 years and the accused Uttam Biswas, a co -villager, cohabited with her on the promise of marriage. The victim conceived, and the accused caused her abortion. Ultimately the accused refused to marry her. After completion of investigation charge sheet was submitted. The charge was framed under Sec. 376 I.P.C. to which the accused person pleaded not guilty and claimed to be tried.

(3.) The learned Trial Judge recorded an order of acquittal holding that the victim girl had sexual intercourse with the accused person for one year. It was held that the prosecution could not prove that at the time of incident the victim girl was under 16 years of age. The learned Trial Judge held that the evidence adduced by the prosecution in support of the charge was not sufficient to warrant conviction of the accused.