PRADIP @ BABU DAS Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This Appeal is directed against the judgment and order of conviction dated 09.01.2009 and 12.01.2009 passed by learned Additional Sessions Judge, Fast Track 2nd Court, Siliguri, Darjeeling in Sessions Trial No. 09/2005 arising out of Sessions Case No. 6(1) 2005, whereby and whereunder the learned Judge has convicted the appellant for the offence punishable under Section 376 of the Indian Penal Code and sentenced the appellant to suffer rigorous imprisonment for 7 years and to pay a fine of Rs. 3,000/- in default to suffer rigorous imprisonment for three months.

(2.) The case of the prosecution as unfolded in the First Information Report is that the victim used to work as a part-time maid in the house of the appellant and the appellant forcibly raped the victim on one occasion and thereafter the appellant allured the victim to marry her and on the pretext of such assurance of marriage used to have sex with the victim continuously. As a result of which the victim became pregnant and ultimately delivered a male child. The victim thereafter lodged a written complaint and in terms of such written complaint, Siliguri Police Station Case No. 16 of 2003 dated 9th January 2003 under Section 376 and 493 of the Indian Penal Code was started against the appellant which culminated in filing of charge sheet. Charge under Section 376 of the Indian Penal Code was framed against the appellant and the appellant pleaded not guilty and claimed to be tried.

(3.) In order to bring home the charge against the appellant the prosecution has examined as many as 9 witnesses. After examination of the appellant under Section 313 of the Code of Criminal Procedure and after hearing the learned Advocates for both sides, the learned Judge convicted the appellant for the offence under Section 376 of the Indian Penal Code and sentenced him to suffer such imprisonment as mentioned hereinabove.