LAWS(GAU)-2013-3-9

RATAN BISWAS Vs. STATE OF ASSAM

Decided On March 12, 2013
RATAN BISWAS Appellant
V/S
STATE OF ASSAM Respondents

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 22.09.2009 passed by the learned Assistant Sessions Judge in Session Case No. 28/07 convicting one Ratan Biswas, appellant herein, of offence under Section 376 /417 IPC and sentencing him to undergo RI for seven years and a fine of Rs. 5,000/- in default to undergo RI for six months for offence under Section 376 IPC and sentencing him to undergo RI for one year and also to pay a fine of Rs. 1,000/- in default to undergo RI for a period of two months for offence under Section 417 IPC. Being aggrieved by and dissatisfied with the aforesaid judgment, Sri Ratan Biswas, hereinafter referred to as accused person has preferred this Jail Appeal citing several alleged infirmities in the judgment, so rendered by the trial court on 22.09.2009 in Sessions Case No. 28/07.

(2.) The brief facts necessary for disposal of the present appeal are that the accused/appellant who is one of the neighbours of the informant, Narayan Biswas habitually visited the house of the informant and sometime in the absence of the parents of the prosecutrix as well. Taking advantage of his being a neighbour of the informant and also the advantage of absence of informant in his house, the accused developed intimacy with the prosecutrix on the promise of marring her and also started having sex with her.

(3.) As a result of such cohabitation, the daughter of the informant who would be described hereinafter as prosecutrix became pregnant. On coming to know that his daughter was pregnant from his wife, the informant reported the matter to the villagers who advised him to approach the guardian of the accused person and to report the matter to them so that they could arrange a marriage between the accused and the prosecutrix.