( 1 ) THIS Criminal Appeal has been filed by the convict, Araj Sk, against the judgment and order dated 5-8-98 passed by Sri A. K. Mukherjee, Additional Sessions Judge, Katwa, convicting the appellant of an offence under Section 376, IPC and sentencing him to rigorous imprisonment for seven years and to pay a fine of Rs. 1000/- in default to simple imprisonment for five months in Sessions Case No. 125 of 1997 (S. T. No. 15 of 1998) of that Court.

( 2 ) THE relevant facts leading to the filing of this appeal may be summarised as follows. Nursubha Khatoon alias Begam, daughter of Nur Mohammad Sk. of village Ratanpur lodged a complaint with the O. C. , Ketugram P. S. on 30th June, 1996 alleging that she had developed love affair with the accused, Araj Sk. (present appellant) for the last seven years and on getting assurance from him that he would marry her according to Muslim custo, she closely mixed with him and allowed him to have sexual intercourse with her and as a result she conceived and thereafter when she asked him to keep his promise by marrying her, he went on deferring the proposed marriage. Ultimately on 25-6-96 through the intervention of her lawyer