KURSIA KHATUN @ MERINA KHATUN Vs. STATE

JUDGEMENT

(1.) THIS revision arose out of the order dated 21.4.2012 passed by the learned Additional Sessions Judge, Jangipur, Murshidabad in criminal revision no. 08 of 2011 arising out of the order dated 12.10.2010 passed by the learned Additional Chief Judicial Magistrate, 2nd Court, Jangipur, Murshidabad in M.R. Case no. 21 of 1999 under Section 125 of the Code of Criminal Procedure, 1973.

(2.) THE background of the revision in a nutshell is that the petitioner one Marina Khatun filed a petition under Section 125 of the Code of Criminal Procedure in the learned court below stating inter alia that the O.P. being a neighbor of the petitioner was employed in Peerless Company and they came closer to each other and a relationship was built up. On 27.2.97, the O.P. entering in the room of the petitioner, when she was changing her clothes, forcibly raped her. She started crying. THE O.P. consoled her by stating that he would marry her. Taking advantage of the assurance the O.P. had physical intercourse with the petitioner day-after-day like husband and wife. Lastly, on 8.1.98, one male child was born. THE petitioner requested the O.P. several times to marry her but the O.P. denied. So, the petitioner filed a case under Section 376/493 IPC against the O.P. which is pending. THE petitioner has no source of income to maintain the child born out of the physical relationship between the petitioner and the O.P. THE O.P. is a rich man and has properties of 30/35 bighas and retail business of rice. He is employed in Peerless Company and earns Rs. 1 lakh per year. Hence, the petitioner prays for maintenance for her child.