CHAND MOHAN SAMMADER Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) THIS Criminal Appeal bearing CRA No. 551 of 2005 has been directed against the judgement and order of conviction dated June, 9 2005, and sentence dated June 10,2005 passed by Sri Sukhendu Das, learned Additional Sessions Judge, Fast Track Court IV, Krishnanagar, Nadia, in Sessions Trial NO. XVII (4) 2005 arising out of Sessions Case No. 48(2) 2005 convicting the appellant of offences punishable under Sections 376/417 of the Indian Penal Code and sentencing the convict to suffer rigorous imprisonment for seven years and to pay fine of Rs. 5000/- in default to suffer simple imprisonment for three months for the offence punishable under Section 376 of the Indian Penal Code, and for six months and to pay fine of Rs. 600/- in default to suffer simple imprisonment for one month for the offence under Section 417 of the Indian Penal Code, while the said sentences as passed shall run concurrently and fine, if realised be paid to the victim Sipra Sarkar as compensation.

(2.) IT is the case of the appellant (in Jail) that the appellant was placed on trial to answer charges under Section 376/417 of the Indian Penal Code in connection with Sessions Case No. 48(2) 2005 which was initiated on the basis of a written complaint lodged by one Sipra Sarkar of Village Raninagar on 24.6.04 before the O.C. Murutia P.S., which was registered as Murutia P.S. Case No. 45 of 04 dated 24.6.04 under Sections 417/493/376 of the Indian Penal Code, on the allegation that since last one year the appellant Chand Mohan Sammadder, son of Karna Samadder, of her village committed sexual intercourse with the complainant aged about 16 years giving her assurance of marriage as a result of which she became pregnant and on being informed the appellant refused to marry her.

(3.) THE respondent the State is contesting the appeal, but has not filed any affidavit-in-opposition, though it is the case of the State that the said judgement and order passed in the said sessions case has rightly been passed by the learned Additional Sessions Judge, Fast Track Court IV, Krishnagar, Nadia.