ANIL KUMAR GUPTA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This is an Appeal filed against the Judgement and order dtd. 12/12/2003 passed by the Additional Sessions Judge, Fast Track Court, 1st Court, Asansol, Burdwan in Sessions Trial no. 19 of 2023 whereby convicting the appellant for commission of offence punishable under Sec. 376 of the Indian Penal Code,1860.

(2.) A complaint was lodged before the Office-in-charge, Asansol Police Station by the defacto complainant on 23/10/1998 against the present appellant for commission of rape. It was alleged that the appellant was the friend of her elder brother and often visited their house with her elder brother. One day in the month of March he came to their house at about 3 PM when her parents were not present in the house and suddenly he grabbed her hand and pulled her into the room and had sexual intercourse with her. She started crying but the appellant assured her to marry which she believed and did not tell anybody. Since he promised to marry, they often had physical relationship and she became pregnant. While asking to marry her he used to take time and then she intimated the entire incident to her brother. Her parents called the appellant and he admitted everything and also agreed to marry her. The parents of the complainant/victim requested him to marry her immediately to save her from public disgrace but he started wasting time making various excuses and in this manner eight months passed away and the victim delivered a male child. As the appellant did not marry her she compelled to take legal recourse and filed the complaint against him.

(3.) On the basis of such complaint Asansol police Station Case No. 224/98 dtd. 23/10/98 under Sec. 376/493, IPC started against the appellant and after completion of the investigation the chargesheet was submitted against him. After commitment the matter went before the Additional Sessions Judge, Fast Track Court, Asansol and the charge was framed by the learned Court under Sec. 376 IPC and the contents of the same was read over and explained to the appellant who pleaded not guilty and claimed to be tried. Hence the trial commenced. The learned Trial Court after assessing the evidence adduced before the court by the prosecution witnesses and considering the submissions made on behalf of the prosecution as well as the defence Counsel passed the order of conviction against the appellant. Hence the instant appeal. In this case the appellant is represented by the learned advocate engaged by Calcutta High Court Legal Services Committee.