KALAM SK Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The instant appeal is directed against a judgment and order dated 13th and 14th March 2008 passed by the Additional District and Sessions Judge, 5th Fast Track Court, Malda, in Trial No. 20 (5) 07 arising out of a Sessions Case No. 24/07, in which the appellant was convicted under Section 376 of the IPC.

(2.) The prosecution case in brief is that on the 17th of July 2003 when the prosecutrix, one Santara Khatun, filed a complaint with the Manikchak P.S., wherein she alleged that for 1 and ' years she had love affair with the appellant. She regularly cohabited with the appellant after the first occasion of intercourse on Muharram date when she claimed that she raped by the appellant. During the said period of 1 ' years she had sexual intercourse with the appellant a number of times. It is further stated that the appellant had promised to marry her based on which she had intercourse with him. She became pregnant. But the appellant ultimately refused to marry her. The appellant pleaded not guilty. Ten witnesses were examined.

(3.) Fifteen days prior to the complaint the appellant visited the house of the prosecutrix at 11:00 p.m. while she was sleeping with her mother. The appellant is stated to have called out the victim when her mother woke up. Upon being asked by the mother of the prosecutrix as to why the appellant was calling her, the appellant fled away.