Abdul Barik vs State Of West Bengal - 2022 Supreme(Cal) 957

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(Cal) 957

BIBEK CHAUDHURI
Abdul Barik – Appellant
Versus
State Of West Bengal – Respondent

Advocates appeared:
Aniruddha Bhattacharya, Advocate, Sitisha Biswas, Advocate, Swswata Gopal Mukherjee, Advocate, Faria Hossain, Advocate, Sandip Chakraborty, Advocate

JUDGMENT

Bibek Chaudhuri, J. - The accused suffered conviction and sentence for committing offence under Section 376 of the Indian Penal Code in Sessions Case No. 84 of 2016 corresponding Trial No. 21(9) of 2016 by the learned additional District & Sessions Judge, 2nd Court, Islampur, Uttar Dinajpur.

The learned Trial Judge handed down sentence of imprisonment for seven years with fine and default clause against the accused. In the present appeal, judgment and order of conviction and sentence is under challenge at the instance of the accused.

One Nurban Bibi lodged a written complaint before the Inspector-In-Charge, Karandighi, Police Station on 16th august, 2008 alleging, inter alia, that the accused had love relation with the minor daughter of the defacto complainant. Subsequently he committed rape upon the victim on the promise of marriage. as a result of such physical relationship the minor daughter of the defacto complainant became pregnant. When pregnancy of the daughter came to the knowledge of the defacto complainant she asked her about the incident. The daughter of the defacto complainant narrated the incident to her mother. She and her husband enquired the accused about the

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