BISWANATH MURMU Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This appeal is preferred against judgment and order dtd. 12/7/2011 passed by the Learned Additional Sessions Judge, 2nd Court, Bankura in Sessions Trial No.11(3)2010 arising out of Sessions Case No.8(2)2010, thereby convicting the appellant for the offence punishable under Sec. 376 of the Indian Penal Code and sentencing him to suffer rigorous imprisonment for 7 years and to fine of Rs.1000.00 and in default to suffer simple imprisonment for another 3 months.

(2.) The prosecution case precisely stated the victim lodged a written complaint at Chhatna P.S., inter alia, alleging the complainant and the appellant being romantically involved, had eloped. On an assurance of marriage the appellant and the complainant indulged in physical relationship several times at her house in the absence of her parents and thereafter the complainant became pregnant. The appellant insisted her to abort and refused to marry her and the complainant on the ninth month of her pregnancy lodged the complaint.

(3.) On completion of the investigation, charge-sheet was submitted on 22/7/2009 against the appellant under Ss. 376/493/417 of the Indian Penal Code.