SAHIDUL ISLAM Vs. STATE OF ASSAM

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 10.03.2011, passed by the learned Additional Sessions Judge (FTC), Nagaon in Sessions Case No. 80(N) of 2008. By the impugned judgment and order, the learned Sessions Judge convicted the appellant, under Section 376 IPC and sentenced him to suffer rigorous imprisonment for 4 (four) years and pay fine of Rs. 1,000/, in default, undergo simple imprisonment for another period of 1 (one) year.

(2.) Aggrieved by the said judgment and order, the convicted person, as appellant, has come up with this appeal, on the grounds that the learned Sessions Judge committed error by failing to correctly appreciate the evidence on-record, the provision of Section 90 of the Indian Penal Code (in short, IPC) and the consequence of delay in lodging the case.

(3.) The prosecution case, in brief, is that the appellant, who was known to the informant, developed affairs with the informant's daughter and established physical relationship with her with promise of marriage. Consequent upon the said physical relationship, the informant's daughter became pregnant. Though the victim women i.e. informant's daughter, had requested the appellant to marry her, he declined to do so and denied his relationship with her. Subsequently, the victim women delivered a baby.