G. Anupama Chakravarthy, J.—The appeal is filed challenging the order of conviction and judgment dated 26.04.2004 in Sessions Trial No. 36 of 1996 on the file of Additional Sessions Judge, F.T.C. No. V, Katihar wherein the appellant was found guilty for the offences punishable under Section 376 of Indian Penal Code and was sentenced to undergo rigorous imprisonment for 10 years and to pay a fine of Rs. 1,000/- and in default of payment of fine to suffer simple imprisonment for six months. However, the appellant was acquitted for the offences punishable under Section 313 of the Indian Penal Code.

2. This Court intends to refer the victim as “X” as her identity shall not be disclosed in view of the judgment of the Hon’ble Apex Court in Nipuna Saxena vs. Union of India reported in (2019) 2 SCC 70 [: 2019 (1) BLJ 1 (SC)]. It is relevant to mention that the trial court has not followed the directions of the Apex Court and the judgment reveals that the name of the victim was disclosed.

3. The brief fact of the case of the prosecution is that the victim “X” is the informant who was in a love relationship with the accused/appellant Awadhesh Kumar Biswas for about two years prior to 24.05.1995. The accused had assured to marry her, and on such assurance they established physical relationship akin to that of husband and wife. During course of such relationship the victim “X” became pregnant and she was taken to a private doctor by the appellant. Certain medicines were administered to her, resulting in an abortion. Subsequent to the abortion, the appellant and the victim continued their physical relationship, basin on the assurance of appellant to marry her. Further, the fardbeyan of the victim disclose that these facts were within the knowledge of her parents and uncle. The appellant married one Sulochna Devi, daughter of Jagdish Chandra Biswas. After coming to know about the marriage of the appellant, victim thought to commit suicide but refrained from doing so, on the assurance of her parents, uncle and aunt that she would be eventually married to the appellant. On 23.05.1995, the victim got married with the appellant. Thereafter, the victim came to know that the father-in-law of the appellant i.e. Jagdish Chandra Biswas had lodged a complaint against her father and uncle and on that the victim was constrained to prefer a report before Kadwa Police Station against the appellant, for the offences of rape and causing abortion.

4. Basing on the fardbeyan of the victim “X” an F.I.R. was registered against the appellant at Kadwa Police Station on 24.05.1995, for the offences punishable under Section 376 and 313 of the Indian Penal Code. After completion of the investigation, charge-sheet no. 82/1995 dated 13.11.1995 was submitted against the appellant for the said offences. Thereafter, on 15.12.1999, the Learned Chief Judicial Magistrate took cognizance for the offences punishable under Section 376 and 313 of the Indian Penal Code and committed the case to the Court of Sessions. Subsequently, the Court of Sessions transferred the case to Additional Sessions Judge, FTC No. V, Katihar for trial. The trial court framed charges against the appellant for the offences punishable under Section 376 and 313 of the Indian Penal Code, read over and explained the contents of the same to the appellant for which he pleaded not guilty and claimed to be tried.

5. During the course of trial, prosecution has examined its witnesses and marked exhibits which are as follows:—

List of Prosecution Witness