DURGA HALDAR Vs. AHAMMAD ALIAS AHAMMED

JUDGEMENT

(1.) THIS appeal has been preferred under Section 372 of the Code of Criminal Procedure, 1973. The de facto complainant victim of Bhabanipur, Police Station Case No. 127 of 2012 dated 20.06.2012 under Sections 376, 379 and 344 of the Indian Penal Code (herein after called as the said Code). The said Bhawanipur P.S case was investigated by the Investigating Officer and charge sheet was submitted. The aforesaid case was committed to the Court of Sessions and registered as Sessions Case No. 118 (February, 2013) of the Sessions Judge, Purba Medinipur at Tamluk which was transferred to the learned Additional Sessions Judge, Second Fast Track Court, Tamluk, and registered as Sessions Trial No. 01(04)2013.

(2.) THE prosecution case can be stated in brief thus: that the accused now the respondent No. 1 before us was a data entry operator in the Income Tax Office at Durgachak of the said district. This de facto complainant victim was previously married. She came into contact with this accused. The accused disclosed his name as Amit Maity and allured the de facto complainant to marry her and she was threatened with dire consequences if she disagreed with the marriage.

(3.) IT was further case of the victim that from March 2011 to February 2012 she was kept confined in the house of the present accused/respondent and she was repeatedly raped in presence of the other family members of the accused respondent. She also complained that the accused person kept her gold ornaments in his custody and ultimately on 02.03.2012 she managed to escape and took shelter at her paternal house in Odisha and lodged this case.