SWAPAN CHATTERJEE Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) THIS appeal has been directed against the conviction and sentence under section 376 IPC passed by the learned Additional Session Judge, Kalna in connection with Sessions Case No. 27 of 2001 /sessions Trial No. 29 of 2001.

(2.) THE prosecution case, as recorded in the FIR, and elaborated further in course of the trial was to the effect that the appellant, who frequented the house of the father of the victim girl, had developed intimate relationship with her. Taking advantage of the absence of the parents of the victim girl, the convict continued to enjoy her company. Holding out the promise of marrying her, the convict was involved in physical relationship with her. The victim girl had a firm belief that the convict would give her recognition as his wife by marrying her. The victim girl conceived in the wake of her having sustained intimate relationship with the convict. When the victim girl earnestly implored him to marry her, the convict adopted a dilli-dally approach. He egged her to cause abortion. He sounded his proposal to marry her only after her causing abortion of her child. The victim girl spurned the suggestion of causing abortion of the fetus. With days wore on, the parents of the victim girl and residents of the locality were apprised of the pregnancy of the victim girl. They mounted pressure on the convict to marry her. A meeting of the Panchayat was also called wherein the convict acknowledged his affair with the victim girl. He also acknowledged that the victim girl had been made pregnant by him. The convict, however, backed out from his earlier promise to marry her even after making the firm commitment in the Salisi called by the Panchayat. The victim girl, who was in advance stage of pregnancy, delivered a child in the meantime.

(3.) ALLEGING that the convict had developed physical relationship with her by practicing deception, the victim girl lodged an application under 156 (3) Cr PC before the learned S. D. J. M. , Kalna. Accordingly, a case under sections 420 and 376 IPC was registered against the appellant on the basis of the FIR lodged by the victim girl.