HASIBUL Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The instant appeal is preferred against the impugned judgment and order of sentence dtd. 17/09/2013 and 18/09/2019 respectively passed by the Sessions Judge, Howrah in Sessions Trial No. 93/2013 convicting the appellant under Sec. 376 of the Indian Penal Code.

(2.) Genesis of the present case is the written complaint dtd. 28/10/2012 submitted by the prosecutrix/victim in Jagacha Police Station. It was alleged in the written complaint that the prosecutrix had a love affair with the appellant for about one year prior to the incident. Both of them used to roam around together and the affair was known to the local people. The appellant assured the prosecutrix to marry her. On 28/10/2012 at about 06:30 P.M., the appellant called the prosecutrix over telephone. They met each other in a building of the locality, then under construction, near the residence of the appellant. It was stated by the appellant to the prosecutrix that he would discuss on their prospective marriage. The prosecutrix went there. The appellant promised to marry her and forcefully committed rape upon her. She returned home and informed the matter to her family members. She also submitted the written complaint which was received by the Jagacha Police Station on 29/10/2012 at 00:35 hours.

(3.) The defense of the appellant was his innocence and false implication in the case. The appellant was examined under Sec. 313 of the Code of Criminal Procedure, 1973 in which his plea was innocence and false implication although he admitted that he had an affair with the prosecutrix.