KAMESHWAR PRASAD Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The instant appeal is directed against the judgement and order of conviction dated December 19, 2012 and December 20, 2012 passed by learned Additional District & Sessions Judge, Fast Track, 6th Court in Sessions Trial No. 1(1) 06 arising out of Sessions Case No. 71 of 2005 convicting the appellant under Section 376 of the Indian Penal Code.

(2.) Prosecution case leading to the instant appeal is that victim girl aged about 16 years made a statement on 21.02.2004 to this effect that she used to reside with her father and her father worked in a Saloon and Rajendra Mistry worked as a carpenter and he and his son Subodh Mistry were resident of same premises. A friendship grew up between her and Subodh, a student of class XI - XII and in continuation of friendship Subodh proposed to marry her to which she agreed as the economic condition of Subodh's family was comparatively good while her father was a poor man.

(3.) On 7th Bhadra, 1410 B.S. corresponding to 24.08.03 Sunday at about 3 P.M. while the victim girl was alone in her house, Subodh Mistry came at her house and with false assurance of marriage, committed rape upon her. At that time she did not protested as she knew that Subodh will marry her. Since then almost every day Subodh Mistry had Sexual intercourse with her like husband & wife while she was alone in the house. As a result she became pregnant and one day she told Subodh about her pregnancy and requested him to marry but Subodh did not pay any heed to her and on 27.01.04 fled away to his native place at Vill - Bhare, P.O. + P.S. - Fatepur, Dist- Gaya, Bihar leaving her. Finding no other way she disclosed everything to her father and her father brought her to the P.S. on 21.02.04 where her said statement was recorded. At the relevant time she was pregnant of about 6 months and she was allegedly pregnanted by Subodh Mistry. The statement so recorded was read over and explained in Bengali and she admitted to be correct and put her LTI thereon and treating the said recorded statement as an FIR being Girish Park P.S. case No.17 dt. 21.02.04 u/s 376 IPC was started against Subodh Mistry, which was forwarded by the O.C., Girish Park P.S. and S.I. Subal Ch. Mondal took up the investigation.