BACHHU ALI Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) These two appeals were filed against the common judgment and order of conviction and sentence passed by the Learned Additional Sessions Judge, 7th Court at Barasat in Sessions Case No. 04(05)/2006 corresponding to Sessions Trial No. 03(04)/2007 thereby convicting appellant, Bachhu Ali and Atiar Rahaman (appellant in CRA/22/2016) for committing offence under Ss. 313/34 of the Indian Penal Code and sentencing them to suffer rigorous imprisonment for five years and to pay fine of Rs.5, 000.00, in default, to suffer further rigorous imprisonment for three months and also convicting Natu Ali (appellant in CRA/145/2016) and sentencing him to suffer rigorous imprisonment for a period of seven years and to pay fine of Rs.10,000.00, in default, to undergo rigorous imprisonment for further six months for the offence punishable under Sec. 376 of the Indian Penal Code and also to undergo imprisonment for a period of five years and to pay fine of Rs.5,000.00, in default, to undergo rigorous imprisonment for a further period of three months for the offence punishable under Sec. 313 of the Indian Penal Code.

(2.) The de facto complainant, a village lady, aged about 21 years on the date of lodging complaint, submitted a written complaint to the Inspector-in-Charge, Barasat Police Station stating, inter alia, that accused Natu Ali proposed her to marry about three months before the date of lodging complaint. The de facto complainant agreed to his proposal because her family was very poor. Accused Natu Ali then took her to a nearby Mosque and told her that he had married to her on that date. He also promised that their marriage would be held socially on a subsequent date. Subsequently, accused Natu committed rape upon her inside a nearby mango grove for 4/5 times.

(3.) As a result of such cohabitation, she became pregnant. The de facto complainant informed the matter to the accused and her parents and other relatives. After the said information being revealed to the family members of accused Natu, he consulted with his relatives.