LAWS(CAL)-2018-5-57

MAJEN RAY @ ROY Vs. STATE OF WEST BENGAL

Decided On May 14, 2018
Majen Ray @ Roy Appellant
V/S
STATE OF WEST BENGAL Respondents

JUDGEMENT

(1.) The appeal is directed against judgement and order dated 16.1.2015 passed by learned Additional Sessions Judge, Fast Track Court, Cooch Behar in Sessions Case No.140 of 2003 arising out of Sessions Trial No. 03(05)/2006 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 a fine of Rs.40,000/-, in default to suffer rigorous imprisonment for one year more with a further direction that upon realisation of fine, Rs.30,000/- shall be given to the prosecutrix and her minor child for their welfare under Section 357 Cr.P.C.

(2.) The prosecution case as alleged against the appellant is to the effect that the appellant had a love affair with the victim and out of such affair they had cohabited together resulting in her pregnancy. The appellant prevented her to abort and promised to marry her. Initially she suppressed the pregnancy from her parents, but subsequently she divulged the matter to her parents and when her parents confronted the appellant over the issue, although the appellant agreed to marry the victim, such marriage could not fructify due to the objection of his parent who, however, offered monetary compensation to the victim. Under such circumstances, father of the victim took out an application under Section 156(3) Cr.P.C. resulting in registration of Kuchlibari P.S. Case No.27 Dated 20.11.1999 under Sections 376/109 of the Indian Penal Code against the appellant and his parents, namely, Narim Roy and Basanti Bala Roy.

(3.) In conclusion of investigation, charge sheet was filed against the appellant and co-accused persons and the case was committed to the Court of Sessions and transferred to the Court of the Learned Additional Sessions Judge, Fast Track 2nd Court, Cooch Behar for trial and disposal.