DILIP DAS Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Affidavit filed on behalf of the appellant be kept with the record. The present appeal has been preferred against the judgment and order of conviction and sentence dtd. 23/6/2015 and 24/6/2015 passed by the learned Additional Sessions Judge, Fast Track Court No.1, Barrackpore, North 24 Parganas in connection with the Sessions Case No. 10(7)08 corresponding to Sessions Trial No. 7(3)09, thereby holding the appellant guilty and convicting him for commission of offence punishable under Ss. 417/376 of the Indian Penal Code. The learned Court thereafter sentenced the appellant to suffer rigorous imprisonment for seven years and to pay a fine of Rs.5,000.00 i.d. further RI of two years for the offence under Sec. 376 of the Indian Penal Code and RI for one year and fine of Rs.1,000.00 i.d. to suffer RI for one month for the offence punishable under Sec. 417 of Indian Penal Code.

(2.) Prosecution case in brief is that one Minati Gurung informed the Officer-in-charge, P.S. Nimta to the effect that her youngest daughter (the victim) had a relationship with the appellant (Dilip Das), the youngest son of Nepal Das and they had an affair. The informant further alleged that 15 days prior to the complaint she had taken her daughter to a gynecologist for illness and there it was informed that her daughter was pregnant. The informant further alleged that she had concealed the matter of her pregnancy on the assurance of Dilip Das, however, her daughter was eight months pregnant and as such she requested the police authorities to take proper legal steps against the appellant.

(3.) On receipt of such information on 21/9/2007 at about 21.15 hours Nimta P.S. case No. 60/2007 was registered for investigation under Ss. 417/376 of the Indian Penal Code. On completion of investigation the Investigating Officer submitted a charge-sheet and the case was thereafter, committed to the Court of Sessions after compliance of the provisions under Sec. 207 of the Code of Criminal Procedure and the learned Sessions Court being the trial Court framed charges under Sec. 417 and Sec. 376 of the Indian Penal Code. The charges were read over to the accused person who pleaded not guilty and claimed to be tried.