LUTFAR PATOWARY Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) THIS appeal arose out of the judgment and order dated 26.2.009 and 27.2.2009 passed by the learned Additional Sessions Judge, Fast Track Court -I, Dinhata, Cooch Behar in Sessions Trial No. 6(1) of 2006 arising out of Sessions Case. No. 214 of 2005 and thereby convicting the appellant for commission of offence under section 376 of Indian Penal Code and sentencing him for a term of 7 years of RI.

(2.) IN the background of this appeal, the fact in a nutshell is as follows :

(3.) ON 21.5.2005 the mother of the prosecutrix lodged a complaint against the accused person before the court of the learned SDJM, Dinhata under section 156(3) of Cr.P.C. which was sent to Dinhata Police Station for treating the matter as FIR. Later the prosecutrix gave birth to a female child. On the basis of compliant Dinhata P.S. case no. 144/2005 dated. 10.6.2005 was started under section 376 of IPC. After investigation, police has submitted charge -sheet against the accused person under section 376 of Indian Penal Code.