BISWAJIT KARJEE Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The appellant was convicted for commission of offence punishable under Section 376 of the Indian Penal Code and was directed to suffer rigorous imprisonment for seven years and to pay fine of Rs. 500/- in default to suffer imprisonment for one month more. The compensation to the tune of Rs.25,000/- was directed to be paid to the victim girl.

(2.) Prosecution case as alleged against the appellant is to the effect that the victim girl was aged below 16 years and was a student of class IX of Chilkirhal Ekmukha Safiabad High Madrasa. The appellant gave a proposal to marry the girl. On 01.08.2007, he came to the residence of the girl and raped her and when she protested, he promised to marry her. Thereafter, they cohabited on a number of times and the victim became pregnant. When she was eight months pregnant, the appellant took the victim to Kadamtala where she found that the maternal uncle of the appellant was standing and they proposed to abort the child. The victim refused to do so but she became senseless and she was taken to some unknown place and later on she found that her pregnancy was terminated. When the victim went to the house of the appellant she was driven away by the mother of the appellant. Under such circumstances, a criminal case under Section 376 of the Indian Penal Code was registered against the appellant.

(3.) Ms. Faria Hossain appearing as Amicus Curiae submitted that the victim was a consenting party and her age has not been established beyond reasonable doubt to show that she was a minor at the time of the incident.