BAPPA PAUL Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Appellant has assailed judgment and order dtd. 15/12/2012 passed by the learned Additional Sessions Judge, 1st Court, Jalpaiguri in Sessions Case No.227 of 2003 convicting the appellant for commission of offence punishable under Sec. 376 of the Indian Penal Code and sentencing him to suffer rigorous imprisonment for 14 years and to pay a fine of Rs.1,00,000.00, in default, to suffer rigorous imprisonment for three years more.

(2.) Prosecution case as alleged against the appellant is to the effect that the appellant cohabited with the victim who was aged around 15 years on the false promise of marriage. As a result, the victim became pregnant. Initially, the victim kept mum out of fear. After 7 months of pregnancy, she divulged the matter to her family members and local Pradhan. Victim gave birth to a girl child. However, appellant refused to marry her. Salish was held on 28/2/2002 but no decision could be arrived at. Victim lodged written complaint at Kotwali Police Station resulting in registration of Kotwali P. S. Case No. 83 of 2002 dtd. 1/3/2002 under Ss. 493/376 of the Indian Penal Code. In course of investigation, appellant was arrested. Victim was medically examined. Her statement was recorded under Sec. 164 of the Code of Criminal Procedure. Finally, charge sheet was submitted and charges were framed under Ss. 493/376 of the Indian Penal Code. Appellant pleaded not guilty and claimed to be tried. In course of trial, prosecution examined 13 witnesses and exhibited a number of documents. Defence of the appellant was one of innocence and false implication. In conclusion of trial, learned trial Judge by the impugned judgment and order dtd. 15/12/2012 convicted and sentenced the appellant, as aforesaid. Trial Judge further directed 90% of the fine amount, if realised, be paid as compensation to the victim girl.

(3.) Nobody appears for the appellant. Mrs. Manasi Roy, learned Advocate empanelled with High Court Legal Services Authority is requested to represent the appellant. Secretary, High Court Legal Services Authority is requested to regularise her appointment.