ABU TAHER ISLAM Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The appeal is directed against the judgment and order dated 10/11th April, 2014, passed by the learned Additional District and Sessions Judge, Jangipur, Murshidabad in Sessions Trial No.2/Feb/2012 arising out of Sessions Case Sl. No.188 of 2011 convicting the appellant for commission of offence punishable under Section 376 of the Indian Penal Code and sentencing him to suffer rigorous imprisonment for ten years and to pay fine of Rs. 20,000/-, in default, to suffer further rigorous imprisonment for two years. Half of the fine amount, if realised, shall be paid to the victim as compensation.

(2.) The prosecution case as alleged against the appellant is to the effect that seven months prior to the lodging of the First Information Report at 9.00 A.M. while the victim was alone and binding bidi in her house, the appellant her cousin had entered the house with a knife in his hand. He threatened her and forcibly raped her. Thereafter, he ran away. Few months after the incident, the victim realised that she had become pregnant. She informed the incident to her parents and the appellant assured to marry her. As the appellant reneged on his assurance, the victim lodged a written complaint dated 28.08.2010 with Farakka Police Station resulting in registration of Farakka Police Station Case No.315 dated 28.08.2010 under Sections 376/493 of the Indian Penal Code. In the course of investigation, the victim was medically examined and charge sheet was filed against the appellant. The case being a sessions triable one was committed to the Court of Sessions and transferred to the Court of the learned Additional District and Sessions Judge, Jangipur, Murshidabad for trial and disposal. Charges were framed under Sections 376/493 of the Indian Penal code. The appellant pleaded not guilty and claimed to be tried. In the course of trial, prosecution examined 10 witnesses in support of its case and exhibited a number of documents. The defence of the appellant was one of innocence and false implication. In conclusion of trial, the trial Judge by the impugned judgement and dated 10/11th April, 2014 convicted and sentenced the appellant, as aforesaid. The appellant was, however, acquitted of the charge under Section 493 of the Indian Penal Code.

(3.) Mr. Chatterjee, learned Advocate appearing on behalf of the appellant argued that the prosecution case of forcible rape is patently absurd and inherently improbable. Conduct of the victim in keeping quiet and continuing to meet the appellant thereafter clearly belies the allegation for forcible rape. She was a major and had consensually cohabited with the appellant. When she became pregnant, she desired that the appellant should marry her. As the appellant refused to do so, she lodged the complaint. There is nothing to show that the cohabitation between the parties were out of force or on the false promise of marriage. Consent of the victim had not been obtained under duress or on a misconception of fact. Hence, the appellant is entitled to be acquitted.