GANESH BARUI Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The appeal is directed against the judgment and order of conviction dated 17.08.2013 and 19.08.2013 passed by the learned Additional District and Sessions Judge, 3rd Court, Purulia, in Sessions Trial No. 29 of 2010 arising out of Sessions Case No. 89 of 2010 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.10,000/- in default to suffer rigorous imprisonment for one year.

(2.) The prosecution case as alleged against the appellant is to the effect that between 07.11.2006 till 12.04.2008 on several dates the appellant committed rape on the minor victim. Prosecution case was initiated by P.W. 2, father of the victim, against the appellant and seven others being his relations on the basis of an application under Section 156(3) of the Code of Criminal Procedure. It was alleged in the said application that on 7.11.2006 the appellant came to the house of P.W. 2 and had sexual intercourse with his minor daughter. The appellant threatened her not to disclose the incident to anyone. Thereafter, on several occasions, appellant had sexual intercourse with the minor victim (P.W.4). As a result, she became pregnant. When she was pregnant for five/six months, the matter was detected by her parents P.W.2 and P.W.6. A meeting was arranged where the appellant admitted his guilt and it was agreed that he would marry the girl after delivery of the child. P.W.4 was admitted to Purulia Sadar Hospital on 4.8.2007. She gave birth to a male child. Thereafter, the appellant refused to marry the victim.

(3.) Pursuant to the direction passed by the Magistrate, First Information Report being Purulia (T) 92 of 2008 dated 7.7.2008 under Sections 376/493/109 of the Indian Penal Code was registered against the appellant and the other accused persons.