SADDAM HUSSAIN Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The appeal is directed against the judgment and order dated 16/05/2015 and 18/05/2015 passed by the learned Additional District and Sessions Judge, Fast Track First Court, Islampur, Uttar Dinajpur in Sessions Trial No. 35 of 2014 arising out of Sessions Case No. 127 of 2014 under Sec. 376 of the Indian Penal Code and sentenced him to suffer imprisonment for 10 years and a fine of Rs.50,000.00 , in default to suffer further imprisonment for one year.

(2.) Prosecution case as alleged against the appellant is to the effect that the appellant cohabited with the victim girl, who is a minor, on the false promise of marriage. As a result, the girl became pregnant. When she asked the appellant to marry her, he evaded the issue. Appellant had last cohabited with the victim on 16/2/2010 at 8.30p.m. in a bamboo grove. The matter came to the knowledge of the family members. A salish was held. At the salish, appellant refused to marry the victim girl due to strong objection of his family members. Under such circumstances, victim girl lodged first information report with the police resulting in registration of Chakulia Police Station Case No. 61 of 2010 dated 1/3/2010 under Ss. 376/493 of the Indian Penal Code. In conclusion of trial, charge-sheet was filed and charges were framed against the appellant under Ss. 376/493 of the Indian Penal Code.

(3.) During trial prosecution examined eight witnesses to prove its case. Defence of the appellant was one of innocence and false implication. In conclusion of trial, learned Trial Judge by impugned judgment and order convicted and sentenced the appellant, as aforesaid.