GAUTAM CHOWDHURY Vs. THE STATE OF WEST BENGAL

JUDGEMENT

(1.) In this appeal the judgment and sentence of conviction dated 4th September, 2013 and 5th September,2013 respectively passed by the Ld. First Additional Sessions Court, Nadia in Sessions Trial No. 1 (November) 2006 arising out of Sessions Case No. 23 (10 of 2006) under Sections 376/417 IPC is under challenge. The appellant is the accused and has suffered the impugned order of conviction. The short facts of the case, according to the complainant, is that the complainant/girl, one Chumki Dutta fell in love with the appellant who promised to marry her. On the 13th of Ashin 1412 BS the appellant reached the house of the complainant at around 10 p.m. when her parents were out of the house and, on the promise of marrying her committed rape upon the complainant. The complainant, on becoming pregnant as a result of the incident, on several occasions coaxed the appellant to marry her but he avoided his commitment on several pretexts. Therefore, the complainant was compelled to disclose the incident to her parents and neighbours. On the basis of the above noted facts the complainant lodged the F.I.R. on 6th March, 2006 at around 16.15 hours in respect of which Kaliganj P.S. Case No.5006 dated 26th March, 2006 under Sections 376/420 IPC was started.

(2.) On completion of investigation the police submitted charge sheet under Sections 376/420 IPC vide charge-sheet No.86/2006 and the case was committed to sessions. The charge was framed against the sole accused-appellant under Sections 376/417 IPC. The appellant pleaded not guilty and claimed trial.

(3.) On completion of trial the appellant was convicted under Sections 376/417 IPC and sentenced to suffer rigorous imprisonment for 7 years and pay fine of Rs.50, 000 (Fifty thousand) in default to suffer simple imprisonment for further one year. Challenging such conviction the appellant is now before this Court by filing the present appeal.