BAPI KAYAL Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Judgment and order dated 15.06.1993 passed by the learned Assistant Sessions Judge, 3rd Court, Alipore in ST 63 of 2001 arising out of S.T. Case No. 2(2) 93, convicting the appellant for committing offence punishable under Section 376 of the Indian Penal Code and sentencing him to suffer rigorous imprisonment eight years and to pay fine of Rs.1000/- in default to suffer rigorous imprisonment for two months more.

(2.) Prosecution case as alleged against the appellant is to the effect that on between 2nd Baisakh, 1395 BS and before 2nd January, 1989 the appellant had cohabited with the victim, Sumitra, on the false promise of marriage. In fact, he went to the temple of Goddes Kali with the victim and undertook a fake marriage by putting vermilion on her forehead and cohabited with her. As a result the victim became pregnant and coming to know of such fact the family of the victim insisted on the registration marriage between the couple. The appellant initially agreed to do so but subsequently by show of force compelled one Khokan who happened to be the maternal uncle of Sumitra to enter into a registration marriage with her. In the meantime, Sumitra gave birth of a female child. On the basis of a petition of the mother of Sumitra, namely Malina, PW 1, under Section 156(3) of the Code of Criminal Procedure before the criminal court, Diamond Harbour Police Station Case No. 4 dated 02-01-1989 under Sections 376, 493 of the Indian Penal Code was registered against the appellant.

(3.) In conclusion of investigation, charge sheet was filed against the appellant and the case was committed to the Court of Sessions and transferred to the Court of Assistant Sessions Judge, 3rd Court, for trial and disposal. Charges were framed under Sections 376 and 471 of the Indian Penal Code and the appellant pleaded not guilty and claimed to be tried.