TAREQUE BAZIKAR Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This appeal is directed against the judgment and order of conviction and sentence dated 29th May, 2008 passed by the learned Additional Sessions Judge 2nd Fast Track Court, Alipore, South 24 Parganas in Sessions Trial No. 5(7) 2006 arising out of Sessions Case No. 53(6) 2006 whereby the accused/appellant was convicted for the offence punishable under Section 376 IPC and sentenced to suffer rigorous imprisonment for seven years and to pay a fine of Rs.5000/- in default of which to suffer rigorous imprisonment for six months for the aforesaid offence. Prosecution case, bereft of unnecessary details is as follows:

(2.) On 8th February, 2005 the defacto complainant Kasem Baidya lodged a written complaint at Baruipur Police Station alleging that his neighbour Tareque Bazikar (appellant herein) had sexual relation with his daughter Ashmira Khatoon, aged about 21 years on the assurance that he would marry her. When Ashmira became pregnant pursuant to such relationship, accused got her pregnancy aborted by giving her medicines. On 25th December, 2004 a 'salish' was held in the village to resolve the matter where it was decided the appellant/accused would marry Ashmira but he refused to do so which prompted the defacto complainant to lodge the complaint.

(3.) On the basis of the written complaint of PW 1 Kasem Baidya, PW3 A.S.I. Anjan Barman initiated Baruipur P.S. case No. 34 dated 8/2/2005 under section 376/313 IPC against the accused/appellant. Investigation into the case culminated in the submission of the chargesheet under section 376/313 IPC against the accused/appellant.