BINOD BANIK Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The instant appeal has been assailed by the appellant against the judgment and order of conviction dtd. 30/3/2016 and 31/3/2016 passed by the Assistant Sessions Judge, 2nd Court, Krishnanagar, Nadia in Sessions Trial No. XI of March, 2013 arising out of Sessions Case No. 92(2) of 2013 convicting the appellant under Sec. 376/417 of the Indian Penal Code and sentencing to suffer rigorous imprisonment for 10 years and also sentenced to pay a fine of Rs.50, 000.00, in default, to undergo rigorous imprisonment for a period of six months for the offence punishable under Sec. 376 of the I.P.C. and further sentenced to suffer rigorous imprisonment for one year and also to pay a fine of Rs.5,000.00, in default, to undergo rigorous imprisonment for three months for the offence punishable under Sec. 417 of the I.P.C. Both the sentences shall run concurrently.

(2.) Gist of the prosecution case is that on 3/9/2009 an F.I.R. was lodged under Sec. 420/120B/417/323 of the I.P.C. against the appellant as per the direction passed by the Learned Chief Judicial Magistrate, Nadia arising out of a Court complaint made by the victim girl under Sec. 156 (3) of the Criminal Procedure Code alleging that the appellant intimate association with her and had cohabited with her on the false promise to marry. She became pregnant and gave birth to a female child on 18/12/2009. Appellant took her to the hospital during her pregnancy and prepared a health card for treatment but he did not marry her despite of given assurance and finally drove her away on 10/7/2009 after assaulting her when she was six months' pregnant. This resulted in registration of Nakashipara Police Station Case No. 424 of 2009 dtd. 3/9/2009 under Sec. 420/120B/417/323 of the I.P.C. against the appellant.

(3.) After conclusion of the investigation, charge sheet was filed against the appellant. Upon hearing the parties, the Trial Court framed charges against the appellant under Sec. 376/417 of the I.P.C. Contents of the charges were read over and explained to him to which he pleaded not guilty and claimed to be tried. Defence case of the appellant was that he was innocent and had been falsely implicated by the de-facto complainant. During trial, prosecution examined 13 witnesses and exhibited number of documents as Exhibit Nos. 1 to 11 respectively to prove its case.