MADAN MANDAL Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This appeal has been filed from the judgment and order of conviction and sentence dated 16.2.2010 and 18.2.2010 passed by the Additional Sessions Judge, 3rd Fast Track Court, Sadar, Cooch Behar in Sessions Case No. 18 of 2009 under Sec. 498A, I.P.C and Sec. 9 of Immoral Traffic (Prevention) Act, 1956 whereby and where under the accused appellant was sentenced to suffer R.I. for three years with fine of Rs.5,000.00 in default to undergo S.I. for six months for the offence under Sec. 498A I.P.C and to suffer R.I. for 10 years with a fine of Rs.50,000.00, in default to further suffer R.I. for two years under Sec. 9 of the Immoral Traffic (Prevention) Act, 1956 (1956 Act).Both the sentence were to run concurrently.

(2.) The case of the prosecution was that 10 years ago marriage between the accused appellant and the de-facto complainant was solemnised as per Hindu rites and customs. They lived together as husband and wife and for a few years their relationship was good. Two male offspring's resulted from the said wedlock and it was after the birth of the elder child that the accused appellant, being instigated by his parents demanded a sum of Rs.10,000.00 from the father of the de-facto complainant. Inability to make such payment resulted in mental and physical torture upon the de-facto complainant and this was accompanied with physical assault. The de-facto complainant was also deprived of food and on raising an objection, she was physically assaulted. Such torture continued even after the birth of the second child. Being unable to meet the demand of the accused appellant, the de-facto complainant was subjected to entertain guests of the accused appellant and was compelled to undergo sexual intercourse with them. On 23rd Aug., 2007, the de-facto complainant was severely tortured by the accused appellant and was forced to take shelter in her parental house along with her two children. A salish was held to reach a compromise. Pursuant to such compromise, the de-facto complainant returned to her matrimonial home but once again on 7th Feb., 2008 she was physically assaulted by the accused appellant and driven out along with her children from her matrimonial home. The de-facto complainant once again took shelter in her parental home and waited for 11/2 years for her husband to take her back to her matrimonial home along with the children. As no step was taken by the accused appellant, the de-facto complainant was compelled to file a written complaint on 13.2.2008 under section 498A I.P.C. read with Sec. 9 of the 1956 Act with the Tufanganj Police Station. The said complaint was registered as Tufanganj P.S. Case No. 9 of 2008. On the basis of the complaint filed, an investigation was initiated and the appellant along with other accused was taken into custody and subsequently released on bail. On completion of investigation, charge sheet was submitted and the case was committed to the Court of Sessions, and thereafter transferred to the Court of the Additional Sessions Judge, 3rd Fast Track Court, Cooch Behar for trial. Charge under Sec. 498A I.P.C and Sec. 9 of the 1956 Act were framed and the same were read over and explained to the accused appellant, who pleaded not guilty and claimed to be tried.

(3.) The prosecution in all examined 11 witnesses. None was examined on behalf of the defence. On the basis of oral evidence and documents exhibited, the Trial Court passed the order of conviction and sentence whereby the parents of the accused appellant were acquitted and the accused appellant was convicted and sentenced as set out above. Hence, this appeal has been filed.