DEBENDRA PAIKAR Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This appeal arises out of a judgment and order dated 16th March 1999 passed by the learned Assistant Sessions Judge, 2nd Court, Midnapore in Sessions Trial No. XXVI of July 1998 in connection with Belda P.S. Case No. 133 of 1996 dated 15th November 1996 by which the learned Trial Court convicted the sole accused Debendra Paikar of offences under Sections 366 and 376 of the Indian Penal Code and sentenced him to suffer rigorous imprisonment for 7 years as also to pay a fine of Rs. 500/-, in default to suffer further simple imprisonment for three months for the offence under Section 366 and further sentenced him to suffer rigorous imprisonment for a period of 10 years as also to pay a fine of Rs. 1000/-, in default to undergo further simple imprisonment for a period of six months for the offence under Section 376 of the Indian Penal Code. Both the sentences were however directed to run concurrently.

(2.) The facts and circumstances of the prosecution case briefly stated are as follows:

(3.) Mr. Basu, learned Advocate appearing in support of the appeal submitted that the victim was deeply in love with the accused and that precisely was the reason why she eloped with him. He submitted that the allegation as regards abduction is baseless. He in support of his submission relied on exhibit "A" a letter written by the victim.