BAPAN DEY Vs. STATE OF ASSAM

JUDGEMENT

(1.) This appeal is directed against the judgement of conviction dated 30/09/2010 of the learned Additional District and Sessions Judge (FTC), Sankardevnagar, Hojai. By the said judgement passed in Sessions Case No. 64(N)/2009, while convicting the accused appellant under Section 493/376 IPC he has been sentenced to undergo R.I. for 10(ten) years for the offence under Section 493 IPC with fine of Rs. 5,000/- and in default R.I. for further 6(six) months. So far as conviction under Section 376 is concerned, he has been awarded the same sentence independent of the sentence under Section 493 IPC. Both the sentences are to run concurrently. As submitted by Mr. B. Pathak, learned counsel representing the appellant, taking together the detention of the accused appellant during trial and after conviction, he has already undergone about 11 months of imprisonment.

(2.) On the basis of the FIR dated 01/06/2006 lodged by the victim PW-1, lanka P.S. Case No. 70/2006 was registered under Section 493/376 IPC. The story narrated in the FIR was that the accused used to give proposal to her of marriage for the last about four years. As she was minor she was not aware of marriage. However, for the last about six months, the accused started loving her and in turn she also started loving him. As stated in the FIR, she fell in love when she attained majority and that for the last about 3 1/2 months, the accused made proposal of marriage and also stated that if she did not agree to the proposal, he would commit suicide. The victim further stated in her FIR that in the month of Falgun, the accused accepted her as wife after putting vermilion on her forehead in Mahakali Temple. The marriage was witnessed by one Smt. Rakhi Acherjee and Shri Mridul Nath. After the marriage, she was taken to her husband's Aunt's house situated at Ward No. 6 of Lanka town. Whenever, the victim insisted for taking her to the house of the accused, he promised to take her but did not. While staying in Aunt's house, they had physical relationship. Lastly, she stated in the FIR that one Smt. Rekha Malakar had been trying to arrange her sister's marriage with the accused appellant.

(3.) With the registration of the case, on the basis of the aforesaid FIR, police started investigation and on completion of the same, submitted charge sheet under Section 493/376 IPC. In due course charge under the said section was framed and the same being read over and explained, the accused pleaded not guilty and claimed to be tried.