SEKHAR NASKAR Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The subject matter of challenge in this appeal is a judgment and order dated 18th February, 1992, by which the learned Additional Sessions Judge, 9th Court, Alipore, convicted the Appellant, Sekhar Naskar, for an offence under Section 376 of the Indian Penal Code, and by his order dated 21st February 1992, he sentenced him to suffer rigorous imprisonment for a period of eight years subject to allowance under Section 428 of the Code of Criminal Procedure and also to pay fine of Rs. 2000/-, in default of payment of fine to suffer further rigorous imprisonment for a period of two years.

(2.) Briefly stated the facts and circumstances of the case are that the prosecutrix, a mentally retarded young woman abandoned by her husband, was living with her mother. She on 9th June, 1988, at about 7 a.m. in the morning went to the place of occurrence for the purpose of collecting Babla fruits in order to make provision for goats. The place was lonely. The accused Appellant took the fullest opportunity. He embraced the prosecutrix and forcibly laid her down on the muddy earth and raped her. She tried to resist and also raised a hue and cry when her mouth was gagged by a piece of cloth. She came back home weeping. On her way back, some of the witnesses had met her. She narrated the incident to them. Thereafter, attempt was made for a mutual settlement which did not yield any fruitful result. It is in evidence that in the assembly of the villagers where a salish was sought to be held, the accused was trying to hide. The prosecutrix traced him out and slapped on his face. The accused retaliated and also slapped on the face of the victim. Since no settlement was possible, the matter was reported to the police by 4 p.m. on 9th June, 1988.

(3.) At the trial, eighteen witnesses were examined. The learned trial Judge, who had the opportunity of watching demeanour, recorded in the deposition of the victim, dated 14th May, 1992. that "the witness appeared to be half idiot".