SK. SOBUR Vs. THE STATE OF WEST BENGAL

JUDGEMENT

(1.) This appeal has been preferred by the convict- appellant from jail assailing the judgment and order of conviction as passed by the learned Additional Sessions Judge, 1st Fast Track Court, Birbhum at Suri, in Sessions Case No.184 of 2011 (Sessions Trial No. 1/January, 2012) which arose from Dubrajpur P.S. Case No.116 of 2011 dated 26-09-2011 (G.R. Case No.205 of 2011).

(2.) The learned Trial Court on perusal and considering the oral and documentary evidence relied upon by the prosecution found the accused guilty in respect of the charge punishable under Section 376 of the Indian Penal Code (hereinafter called as the said Code). However, the convict was acquitted in respect of the charge punishable under Section 417 of the said Code. The learned Trial Court while passing the sentence clamped rigorous imprisonment for seven years and also directed to pay fine of Rs.10,000/- i.d. to suffer rigorous imprisonment for six months in respect of the offence as I have already stated. The convict was allowed to get set off under Section 428 of the Code of Criminal Procedure, 1973.

(3.) The fact as I get from the First Information Report lodged by the father is the that the victim girl (name withheld) was aged about 13 years when the FIR was lodged. The FIR further disclosed that the said girl was engaged in love relation with the present accused-convict and as such, they had free intercourse and it was further alleged in the FIR that false promise of marriage was given by this accused-convict to that girl while so mixing freely. Thus, the victim became pregnant and, thereafter, her father went to the house of this accused and gave marriage proposal to the guardians of the present convict. Sk. Majnu, i.e. the father of the present convict did not agree to the marriage and this accused also denied to accept the fatherhood of the baby and ultimately, this de facto complainant was driven out from that house.