SITAL MURMU Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) In spite of repeated calls, nobody appears on behalf of the State/respondent.

(2.) This appeal is preferred against the judgement and order of conviction and sentence dated 13.11.2003 passed by the learned Additional Sessions Judge, 2nd Court, Bankura in Sessions Case No. 29(9) of 2002 (Session Trial No. 2(3) of 2003), thereby convicting the appellant, namely, Sital Murmu, under Section 376, I.P.C. and sentencing him to suffer rigorous imprisonment for 10 years and to pay a fine of Rs. 10,000/-, in default to suffer simple imprisonment for a further period of one year.

(3.) The prosecution case in short is that on the basis of a complaint lodged by P.W. 1, Arati Hembrem, the case was registered with Khatra Police Station alleging commission of offence under Section 376, I.P.C. In the F.I.R, it was alleged that the victim girl, Arati read upto Class IX and the accused appellant, Sital Murmu was also a student of that school. There was love affair between victim girl and the accused appellant, which started in the year 1997. It was further alleged that, sometime in the month of Baisakh, 1407 B.S. at about 6 P.M. when she was in the nearby pond, suddenly, the accused appellant appeared there and committed rape upon her. The accused appellant assured her that he would marry her and she should not inform the matter to her parents. It was also stated in the F.I.R. that after that incident, the accused appellant used to cohabit with her on several occasions and ultimately, she conceived. According to prosecution, she was taken to a doctor to cause abortion and pregnancy was ultimately, terminated. Thereafter, the victim girl discloseed the incident to her parents and other relatives.