RAHAMAT ALI MONDAL Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Judgement and order dated 13th June, 1988 passed by the learned Additional Sessions Judge, 6th Court, Alipore in Sessions Case No. 7(8) 1985 (Sessions Trial No. 5(1) 1988) convicting the appellant for commission of offence punishable under Sec. 376 of the Indian Penal Code and sentencing him to suffer detention for a period of five years in a reception home during the said period has been assailed.

(2.) The prosecution case as alleged against the appellant is as follows:

(3.) Ms. Sriparna Das, learned Amicus Curiae, submitted that it appears from the evidence of PW3 that the victim girl was between 16 to 17 years of age and accordingly, had attained the age of consent. Evidence of PW1, victim, would show that the appellant and the victim had cohabited together out of love and it cannot be said that such cohabitation was against her consent or will. She further submitted that there is nothing to show that at the time of cohabitation the appellant did not intend to marry but subsequently, the marriage could not be solemnised due to the advice of the elders in the family of the appellant.