TAPAN POREL Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The instant appeal is directed against the judgment and order of conviction and sentence dated 27/29.01.2016 respectively passed by the Additional District and Sessions Judge, Chandernagore, Hooghly in Sessions Trial No. 15 of 2011 arising out of Sessions Case No. 50 of 2011 wherein the appellant was convicted for the charge under Sec. 376 of the Indian Penal Code and sentenced to suffer for rigorous imprisonment of 7 years and to pay a fine of Rs. 25,000.00 in default to suffer rigorous imprisonment for one year. The appellant was also convicted for the charge under Sec. 417 of the Indian Penal Code and sentenced to suffer rigorous imprisonment for 6 months and both the sentences were directed to run concurrently with a further direction to set off the pre-trial detention undergone by the appellant under the provision of Sec. 428 of the Code of Criminal Procedure.

(2.) The brief facts leading to the instant appeal as emerged from the written complaint is that the son of the complainant, namely, Tapas Ruidas the accused (herein after referred to as the appellant) worked as a professional cook and that the accused had frequent visiting terms in their house for last 7-8 years. The accused and family members of the de facto informant have cordial relation. Her niece-in-law, namely, Jharna Ruidas, aged about 22 years has also developed intimacy with the accused. Their intimacy deepened as the accused assured Jharna to marry her. She consented to the sexual intercourse with the accused over such assurance of marriage. On the relevant night of 18/19.02.2008 at about 12 hours Tapas Ruidas, Laltu Ruidas and Sanjoy Ruidas found Jharna and the accused in the kitchen without dress. There was round of meeting with the accused asking him to marry Jharna but he refused to marry a dumb girl. Then the de facto informant had to lodge a written complaint on 21.02.2008.

(3.) Based on the said complaint, the Singur P.S. Case No. 26/08 dated 12/2/2008 under Sec. 376 IPC was registered for investigation and on usual investigation, the Investigating Officer submitted Charge-Sheet.