ORDER :

The matter was taken up through Video Conferencing.

Learned counsels for the parties had no objection with it and submitted that the audio and video qualities are good.

Heard Mr. Rajeeva Sharma, learned senior counsel for the appellant assisted by Mr. Darshan Singh and Mr. Shekhar Sinha, learned A.P.P., appearing for the State.

2. This appeal is directed against the judgment of conviction and order of sentence dated 03.03.2006 passed by Shri Udai Narayan Singh, Sessions Judge, Pakur in Sessions Case No. 20 of 2005 whereby and whereunder the appellant has been convicted for the offence under Sections 376 and 417 of the Indian Penal Code and has been sentenced to undergo R.I. for seven years for the offence under Section 376 of the Indian Penal Code and R.I. for one year for the offence under Section 417 of the Indian Penal Code. A fine of Rs.20,000/-has also been imposed against the appellant under Section 376 of the Indian Penal Code and in default of payment of fine, further R.I. for two years.

3. The criminal law has put into motion by filing P.C.R. Case No.55 of 2002 by the prosecution against the appellant. It has been alleged in the said complaint that the appellant used to say all good words of love and express his love and passion for the complainant whenever he met with her and used to promise that he will marry her.

4. About 11 months before filing of the complaint petition, when the complainant was alone in her house, the appellant entered into her house and expressed his love and promise to marry her soon. In spite of resistant of the complainant and against her will, the appellant had made sexual intercourse with her and thus committed rape. The complainant started crying upon which the appellant asked her not to disclose the incident to anybody and he has assured that he will marry her very soon. The complainant did not disclose the fact for sometime but after 3 to 4 months, she felt pregnant and accordingly, she conveyed this fact to the appellant. Thereafter, the appellant gave her some medicine for termination of her pregnancy, but the complainant did not agree with the same and thereafter the appellant started evading her. Thereafter, she told this fact to her parents i.e. mother and father upon which panchayati has been called in which the appellant has accepted his guilt and then panchnama was prepared, in which he promised to marry with the complainant after delivery of child. Even after delivery of child, the appellant refused to marry her on 19.03.2002. Thereafter, the present complaint petition has been filed.

5. The matter was heard by the concerned court and finds the complaint maintainable. The same has been committed to the Court of Session for the offence under Section 376 of the IPC. The charge has been framed under Sections 376 and 417 of the Indian Penal Code to which appellant pleaded not guilty and claimed to be tried.

6. To substantiate the prosecution story, altogether four witnesses have been examined and two documents have been exhibited. Exhibit-1 is the panchnama and Exhibit-2 is the affidavit sworn by the appellant.

After prosecution evidence, the appellant has been examined under Section 313 of the Cr.P.C. in which he merely denied the circumstances leveled against him. Upon conclusion of trial, the learned trial court has found sufficient material on record and accordingly, he has been convicted by the impugned judgment of conviction vide order dated 03.03.2006 and accordingly he has been sentenced vide order dated 03.03.2006 and the same has been impugned in the present appeal.

7. Heard learned senior counsel for the appellant and learned counsel for the State.

Learned senior counsel for the appellant has referred two judgments reported in 2002 (1) JCR 259 [: 2002(1) JLJR 431] Sahdeo Pandit & Ors. vs State Of Jharkhand & Anr. and 2003 (4) SCC 46 Uday vs State Of Karnataka. The main argument of the appellant was that it was at best a case for the offence under Section 417 of the Indian Pe