UTTAM SUTRADHAR Vs. STATE OF TRIPURA

JUDGEMENT

(1.) HEARD Mr. A. K. Bhowmik, learned senior counsel assisted by Mr. R. Devanth, learned counsel for the appellant. Also heard Mr. P. Bhattacharjee, learned additional public prosecutor, Tripura.

(2.) THE convict appellant has preferred this appeal against the judgment and order dated 25.11.2002 rendered by the learned Additionl Sessions Judge, West Tripura, Agartala in case No. ST/(WT/A) of 2002, whereby he was convicted under Section 376 IPC and sentenced to suffer rigorous imprisonment for seven years and to pay fine of Rs. 5000/- in default of payment to suffer simple imprisonment for six months.

(3.) IT is further argued by Mr. Bhowmik, learned senior counsel that even assuming but not admitting that the victim girl, due to alleged illicit sexual relation with the appellant got pregnant, he cannot be convicted under Section 376 IPC inasmuch as the victim girl, as per the medical report, was found between 17 and 22 years of age and she was consenting party to the alleged sexual acts. He also submitted that the allegation of maintaining illicit sexual relation with the victim girl on promise of marriage has not been proved by any evidence of independent witness. In the alternative, learned senior counsel also submits that for convicting the accued on allegation/charge of maintaining sexual relationship with a girl/woman on false promise of marriage and subsequently abandoning her, the prosecution has to prove that the accused from the beginning or at the time of enjoying sex had the ill-intention to deceive her by making false promise. According to him, the breach of promise and change of mind/intention at the subsequent stage would not come under the mischief to Section 415 IP and he cannot be convicted under the aforesaid Section of the Penal Code. In support of his above submissions, he relied upon the decision in Moni Gogoi Vs. Sarumani Hazarika reported in (1992) 2 GLR 113; Jintu Das Vs. State of Assam reported in 2003 Crl. L.J. 1411; and in Uday, Vs. State of Karnataka, reported in 2003 Crl. L. J. 1539.