BARIK MISTRY Vs. THE STATE OF WEST BENGAL

JUDGEMENT

(1.) THIS appeal arose out of judgment and order of conviction dated 29.09.2010 and 01.10.2010 passed by learned Additional Sessions Judge, Fast Track Court -VIII, Alipore, South 24 -Parganas in Sessions Trial No. 3 (3) of 2008 convicting the appellant under Section 376 of the Indian Penal Code and sentencing to suffer rigorous imprisonment for five years and to pay fine of Rs. 5,000/ - with default clause. In the background of this appeal, the fact in a nutshell is as follows: -

(2.) ON 10.04.2007, one Kohinoor Sarder, daughter of Md. Golam Moula Sarder of North Patikhali, PO -Nagortala, PS -Canning, reported to the Officer -in -charge, Canning Police Station that she was a helpless young lady. Her next door neighbour Barik Mistry alluring her to marry, mixed with her against her will. Barik Mistry used to come to her house in the absence of her parents. The villagers knew it. She told him to visit her house after marriage. She also used to say that if he comes every now and then, then the people of the locality would call her in bad name. But Barik used to tell that he would marry her. On 04.04.2007 at 10.00 p.m., Barik Mistry entered into her room. She cautioned him but inspite of that he mixed with her. Her family members saw the incident. She raised alarm and people gathered there. A Salish was called on the same night in presence of both. The said Barik Mistry and his uncle Mother Bux and two others promised in presence of the local people that when her father and Barik's father would return to home they will arrange for their social marriage. But ultimately they denied the entire matter and in spite of repeated requests they denied to give the accused marriage with the complainant.

(3.) THE case was committed to the Court of Sessions by the learned Magistrate. Thereafter the learned Trial Court on hearing of both sides framed charge under Section 376 of the Indian Penal Code against the present appellant. The contents of the charge were read over and explained to the accused person who pleaded not guilty and claimed to be tried.