NAKUL BISWAS Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The appeal is directed against the judgement and order dated 18.11.2006 passed by the learned Additional Sessions Judge, Fast Track Court IV, Krishnagar, Nadia in Sessions Trial No. XV(7)06 arising out of Sessions Case No.29(7)06 convicting the appellant for the offence punishable under Section 376 of the Indian Penal Code and sentencing him to suffer rigorous imprisonment for ten years and to pay a fine of Rs.5,000/-, in default to suffer rigorous imprisonment for four months.

(2.) The prosecution case, as alleged, against the appellant is to the effect that the victim had a love affair with the appellant and it is alleged that they became intimate to one another. On 28.11.2005 when the parents of the victim were not in the house she was taken by the appellant to his house and the latter forcibly raped her. After returning home, she informed the incident to her parents and thereafter they went to the house of the appellant and informed his mother and elder brother about the incident who assured that the matter would be settled and marriage would be arrayed between the parties. Three days after the incident the appellant refused to marry the victim and first information was registered at Kotwali P.S. being Kotwali P.S. case no. 76/06 dated 17.03.2006 under Section 376 of the Indian Penal Code. On the complaint of Dukhiram Sadhukha, father of the victim, the case was investigated. On completion of investigation, charge-sheet was filed and the case was committed to the Court of Sessions and transferred to the Court of Additional Sessions Judge, Fast Track Court IV, Krishnagar, Nadia for trial and disposal. Charges were framed under Sections 376/493 of the Indian Penal Code against the appellant.

(3.) The appellant pleaded not guilty and claimed to be tried. The defence of the appellant was one of innocence and false implication.