I.A. Ansari, J.

1. By the impugned judgment and order, dated 12.04.2004, passed by the learned Sessions Judge, Cachar, Silchar, in Sessions Case No. 40/2003, the accused-Appellant stands convicted under Section 376 IPC and sentenced to undergo rigorous imprisonment for ten years and pay fine of Rs. 20,000/- and, in default of payment of fine, undergo rigorous imprisonment for a further period of six months with further direction that the fine, if realized, be given to the victim.

2. The case of the prosecution, as unfolded at the trial, may, in brief, be described thus: The accused, Jasimuddin, being a tutor of the victim LB, was a visitor to the house, where LB used to live with her two sisters and parents. Because of the proximity, which the accused enjoyed with the family of LB, a love affair developed between the two. In course of time, the accused promised LB that he would marry her and with this promise of marriage, he induced her to cohabit with him. Their cohabitation caused LB's pregnancy. LB disclosed her pregnancy to the accused and the accused promised that he would marry her. However, despite the promise so made, the accused did not marry LB; rather, after about