KAISAR Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This appeal emerges out of an order of conviction and sentence. Learned Additional Sessions Judge, Islampur, Uttar Dinajpur in Sessions trial No.09/07 arising out of Sessions Case No. 03/07 convicted accused/appellant under Section 376 of the Indian Penal Code and sentenced him to suffer rigorous imprisonment for eight (8) years and pay fine of Rs.3000/-(Rupees three thousand) in default to suffer rigorous imprisonment for one year for the offence under Section 376 of Indian Penal Code.

(2.) Facts established during trial precisely may be mentioned as follows for perfectly addressing the issues raised in this appeal.

(3.) The victim/prosecutrix being urged by nature came out of her room on 20/21.06.2005, night for urinating purpose, when suddenly accused caught hold of her, gagged her mouth, took her away to nearby mango garden and finally committed rape upon her against her wish under a threat with dire consequence, leaving behind a promise of marriage therefor. About two months before also in a similar manner accused/appellant did sex with victim girl by doing violation after forcibly taking her to a jute filed, when victim went to the field for bringing back goats from field. Victim received threat from accused/appellant with a promise to marry this time too. She lost her sense receiving assault from accused, when she tried to get into the house of accused. She was rescued by her parents and villagers on the following morning. Ultimately, accused refused to marry the victim on being challenged with the incident by parents of the victim, when accused/appellant also threatened victim and her family members with dire consequence. A child was, however, born to victim/prosecutrix.