FARMUJ ALI Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The appeal is directed against the judgment of conviction and order of sentence dated January 18, 2021, passed by learned Additional District & Sessions Judge, 4thCourt, Berhampore, Murshidabad in Sessions Trial No.5(9)2005 arising out of Sessions Trial Case No.395/2002 convicting the appellant under Sec. 376 of the Indian Penal Code, 1860.

(2.) A written complaint was lodged by the prosecution witness (P.W.) 1, against the appellant claiming that she was raped several times by the appellant. She became pregnant. She disclosed the matter of rape to her parents. Thereafter, her father along with others called a village mediation on March 24, 1996. The appellant agreed to marry her. However, the appellant refused to marry her subsequently. Two further mediation meetings took place on May 5, 1996 and May 14, 1996. However, such mediation failed. Therefore, the police complaint.

(3.) On the basis of such written complaint of P.W.1 the First Information Report (F.I.R.) was lodged by the police under Ss. 417/376 of the Indian Penal Code, 1860. Appellant was chargesheeted. Charge under Sec. 376 of the Indian Penal Code, 1860 was framed as against the appellant. Appellant pleaded not guilty and claimed to be tried.