ALOK MAHATO Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This appeal is against a judgment and order dated 28th March, 2012 passed by the Additional District & Sessions Judge, Fast Track Court No. 3, Purulia in Sessions Case No. 123/08 corresponding to Sessions Trial No. 46/08 whereby the accused appellant, Alok Mahato has been held guilty and convicted of offence punishable under Section 376/417 of the Indian Penal Code and an order of sentence passed later the same day, whereby the accused appellant has been sentenced to suffer rigorous imprisonment for 10 years and to pay a fine of Rs.1,00,000/ - to the victim for the said offence failing which he would have to suffer further rigorous imprisonment for one year.

(2.) The prosecutrix lodged a complaint in writing with the Purulia (M) Police Station alleging that the accused appellant had promised to marry her and had on the promise of such marriage allured her to cohabit with him on several occasions, as a consequence of which she became pregnant. She stated that she was pregnant for seven months. After investigation, charge was framed against the accused appellant under Section 376 and 417 of the Indian Penal Code. The accused appellant pleaded not guilty and claimed to be tried.

(3.) Six witnesses were examined on behalf of the prosecution. The accused appellant did not adduce any oral evidence. He was however examined under Section 313 of the Indian Penal Code. He denied the allegations against him.