The main legal point established is that the court relied on the victim's testimony, medical reports, and witness statements to establish the accused's guilt, emphasizing the victim's age, lack of consent, and deceitful inducement of belief of lawful marriage.

JUDGMENT

Shampa Dutt (Paul), J. - The present appeal is against an judgment and order dated 27.09.2016 and 28.09.2016 passed by the learned Additional Sessions Judge, 7th Court, Barasat North 24 Parganas in connection with Sessions Trial No. 01 (07) of 2012 corresponding to Sessions Case No. 04 (02) 2012 thereby convicting the appellant for offence punishable under Section 493/376 of the Indian Penal Code, 1860, sentencing him to suffer rigorous imprisonment for seven years and to pay fine of Rs. 10,000/- (rupees ten thousand), in default to suffer further rigorous imprisonment for further 6 (six) months for the offence punishable under Section 376 of the Indian Penal Code and was further sentenced to rigorous imprisonment for 5 (five) years and fine of Rs. 5,000/-, in default further rigorous imprisonment for 3 (three) months for the offence punishable under Section 493 of the Indian Penal Code. The sentence to run concurrently.

2. The prosecution case is that the daughter of the de-facto complainant aged about 16 years developed a love affair with the accused and took her away to the house of his friends and relatives on assurance of marriage. Later the de-facto complainant came to know that the accused had forcibly raped her several times. The de-facto complainant requested the father of the accused for marriage of his son (accused) with his victim daughter but the family members of the accused refused such proposal and de-facto complainant came to know that his daughter was two months pregnant. A complaint was lodged and on trial in the case under reference the accused/appellant was convicted as above.

3. Mr. T. K. Dhar learned counsel for the appellant submits that the judgment under appeal was passed without proper consideration of the materials and evidence on record and in spite of the essential ingredients of the offence alleged not being proved before the Trial Court, the learned Trial Judge erroneously convicted the appellant/accused and as such there has been grave miscarriage of justice and the conviction is based on hearsay evidence without any corroboration and as such the judgment of conviction under appeal is liable to be set aside as the prosecution has failed to prove their case before the Trial Court beyond all reasonable doubt.

4. Mr. Binoy Panda, the learned counsel for the State submits that the judgment of conviction under appeal is in accordance with law as the victim in the present case was aged only 16 years and the prosecution has proved before the Trial Court by way of evidence that the accused committed rape upon the 16 year old victim. The victim clearly being a minor, the question of consent does not arise and as such there being a clear case against the accused which has been proved beyond all reasonable doubt before the Trial Court, the appeal is liable to be dismissed.

Evidence on record

5. The offences for which the present appellant has been accused are under Sections 376/493 of the Indian Penal Code.

Section 376 of the Indian Penal Code lays down:-

'376. Punishment for rape.- (1) Whoever, except in the cases provided for by sub-section (2), commits rape shall be punished with imprisonment of either description for a term which shall not be less than seven years but which may be for life, or for a term which may extend to ten years .......................................

Ingredients of offence.- The essential ingredients of the offence under Sec. 376 are as follows:

(1) Accused had sexual intercourse with a woman;

(2) Such sexual intercourse was under any one of six circumstances enumerated in Sec. 375 of the Indian Penal Code;

* * * * * * *'

The offence of rape has been defined under Section 375 of the Indian Penal Code.

'375. Rape.-A man is said to commit 'rape' who, except in the case hereinafter excepted, has sexual intercourse with a woman under circumstances falling under any of the six following descriptions:-

First. - Against her will.

Secondly. -Without her consent.

Thirdly. - With her consent, whe