ASHOK MAJUMDAR Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Challenge in this appeal is to the judgement and order of conviction and sentence dated 15.05.2017 and 16.05.2017 passed by the Additional Sessions Judge, 5th Court, Howrah in Sessions Trial No. 74 of 2015 whereby the accused/appellant was convicted for the offences punishable under Sections 376 and 417 IPC and sentenced to suffer rigorous imprisonment for seven years and to pay fine of Rs.3,000/- in default to suffer simple imprisonment for three months for the offence punishable under Section 376 IPC. The appellant was further sentenced to suffer rigorous imprisonment for two months and to pay fine of Rs.1,000/- in default to suffer simple imprisonment for one month for the offence punishable under Section 417 IPC. Both the sentences were ordered to run concurrently.

(2.) Sans unnecessary details, the facts leading to the instant appeal may be summarised as follows :

(3.) On 28.11.2014 at 21.45 hrs. the prosecutrix Mangala Mondal lodged a written complaint at A.J.C. Bose B. Garden P.S., Howrah alleging that she used to work as domestic help in the house of Ashok Majumdar, the accused/appellant who had sexual intercourse with her for many days on the pretext that he would marry her. Due to such physical relationship the prosecutrix became pregnant. When she informed the accused/appellant about her pregnancy and asked him to marry her, he refused and drove her away. On the basis of the aforesaid written complaint, A.J.C. Bose B. Garden P.S. Case No. 214 of 2014 dated 28.11.2014 was initiated under Section 376 IPC against the accused/appellant. Investigation culminated in the submission of the charge-sheet under Section 376 IPC against the accused/appellant.