MANAS BOSE Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This appeal is directed against judgment and order dated 22.12.2008 and 23.12.2008 passed by the learned Additional Sessions Judge, Fast Track, Court No. 2, Paschim Midnapur in Sessions Trial No. 9 of 2005 in connection with Ghatal P.S. Case No. 4 of 2002 dated 9.1.2002 under sections 366, 366A, 376 and 368 of the Indian Penal Code thereby convicting the appellant under sections 376 and 343 of the Indian Penal Code and sentencing him to suffer R.I. for seven (7) years and to pay a fine of Rs.1,000/-, in default to suffer simple imprisonment for a period of six(6) months for the offence punishable under section 376 of the IPC and sentencing him to suffer R.I. for two(2) years and to pay a compensation of Rs. 25,000/- to the victim girl within two months from the date of the order.

(2.) Ranjit Kumar Pal filed one petition of complaint in the Court of learned Sub-Divisional Judicial Magistrate, Jhargram on 22.11.2000 alleging therein that Mita Pal, his unmarried minor daughter, born on 10.11.1994, used to visit the house of her elder sister Uma Pal. During her stay there, Uma used to take her to her Guru's Assram at Konnagar. On 29.7.2000, Uma came to the house of Ranjit Kumar Pal and asked for Rs. 5,000/- as temporary loan for the purpose of construction of her house. She also asked her father to send Mita to her house for the purpose of choosing suitable groom for her marriage negotiation. Ranjit, did not agree to that but ultimately was convinced by his elder daughter Uma that mere showing to prospective groom does not mean marriage. On 2.8.2000, Rahul Pal, close relation of Uma, came to the house of Ranjit Pal and requested him to allow Mita to accompany him to the Uma's house. As Rahul was familiar to the family of Ranjit's family, Ranjit did not object and Mita left for Uma's house with Rahul on 2.8.2000. On 3.8.2000 Ranjit went to Ghatal in order to give Rs. 5,000/- to his elder daughter Uma. He found Uma and Mita behaving abnormally. He also found that Uma advised Mita to take coconut water. She had taken coconut water offered by Uma at the instance of Manas Basu. On the same date both Uma and Mita being aggressive and furious, demanded that Mita should get married to Manash Basu. Mita threatened of committing suicide in case her demand is not fulfilled. On the same date, in the evening, Ranjit had been to the Assarm of Uma's Guru Manas Basu. He found the door partially open. He peeped through that door and found that Mita was dressed in bridal sari and Manas Basu was in bride groom dress sitting side by side. Ranjit became motionless and speechless. He came back to Uma's house, spent the night and returned back to his house accompanied by some one in the morning of the next date. He was perplexed and confused as what to do. Since it was a family scandal it was decided after continuous discussion with elders and family members that the incident should not be reported to police. However, it was decided on 5.8.2000 that Mita should be recovered at once without police help Ranjit, the de facto complainant, together with his near relatives met Kalu Bose on 6.8.2000 at 6 a.m. Kalu Bose was a local municipal commissioner of Ghatal at that time. Ranjit narrated everything to him and Kalu Bose promised to extend his co-operation in the matter of recovery of Mita from the clutches of Manas Bose. Thereafter, Ranjit and his family members entered into Assram of Manas Bose. Manas Bose was found sitting in the room with his two daughters i.e. Mita and Uma. Seeing Ranjit, Mita started crying and wanted to come to Ranjit, her father. Manas and Uma resisted her but somehow Ranjit managed to rescue Mita and took her back to his house by the said taxi which he hired for coming to Gahata. Mita did not say anything on 6.8.2000 but on 7.8.2000, she narrated the entire story. She stated that on 2.8.2000, on her arrival to Uma's house she was continuously persuaded to marry Manas Bose. Manas Bose sent green coconut water which she consumed and thereafter she lost her power of reasoning. She started obeying commands directions given to her. A kind of abnormality developed in her which continued till 6.8.2000. She also disclosed that Uma and other devotees of Manas Bose were controlled and hypnotised by him with application of coconut water and other drags. On 6th August, 2000, husband of Uma and sister-in-law Uma came to Ranjit's house and took Uma back to Ghatal. Mita disclosed further that Uma, her elder sister, being highly influenced by Manas Bose entered into a criminal conspiracy to get Mita married with Manas. Mita further disclosed that she was under believe that she was married to Manas Bose and thereby had sexual intercourse with him which was virtually rape on her and that she was confined in the Assarm of Manas Bose from 3.8.2000 to 5.8.2000. However, Ranjit did not take any positive step against accused Manas Bose. Manas Bose, in the meantime filed a suit for restoration for conjugal life claiming therein Mita to be his legally married wife. Under such circumstances, Ranjit being father of Mita had to lodge a petition of complaint in the Court of learned SDJM, Jhargram on 22.11.2000. That petition of complaint was referred to Ghatal Police Station and on the basis of said petition of complaint Ghatal Police Station Case No. 4 of 2002 dated 9.2.2002 was started against Manas Bose, Uma Pal, Manu Pal and Rahul Pal under sections 366, 366A, 367 and 368 of IPC. The case was investigated into and finally a charge-sheet was filed against the accused persons under the above mentioned sections. The learned Additional Sessions Judge, Fast Track, 2nd Court, Paschim Midnapur framed charge against Manas Bose, Uma Pal and Manu Pal under sections 366, 366A, 368 and 343 read with section 34 of the IPC as well as under section 376 against Manas Bose. In all ten (10) witnesses were examined on behalf of the prosecution. The written complaint, the statement of Mita under section 164 of the Cr.PC, the seizure list, admit card of Madyamik Examination of Mita, medical report of Mita were admitted into evidence on behalf of the prosecution and marked exhibit 1 to 5 respectively.

(3.) The defense case as it appears from the trend of cross-examination and answers given to the questions put to the accused persons in course of their examination under section 313 Cr. PC, was a complete denial to the prosecution case and that a specific case is made out by the defense that at the instance of Ranjit, the father of Mita and their close relations the marriage between Mita and Manas Pal took place according to Hindu Rights and Customs. Mita was forcibly taken by her father and other relatives from the custody of Manas for which he had to file a matrimonial suit praying restoration of conjugal rights. Since Mita was his legally married wife, the appellant Manas had every right to live with her and cohabit with her. The defense also adduced documentary evidence such as written statement filed on behalf of the Mita in matrimonial suit (Exhibit A), latters (Exhibit B) and (Exhibit C), one certificate (Exhibit D), one searching slip and one photograph (Exhibit E and F). The learned Trial Court upon consideration of the evidence on record, both oral and documentary, came to a findings that accused Uma Pal and Manu Pal are not guilty to the charges leveled against them. They were acquitted. However, learned Trial Court found Manas Bose, the appellant herein is guilty of offence under sections 376 and 343 IPC and convicted him thereto. The learned Court sentenced him to suffer R.I. for 7 years and to pay a fine of Rs. 1,000/-, in default to suffer S.I. for one month for the offence under section 343 IPC, which would run concurrently. Manas Bose has challenged that judgement and order passed by the learned Trial Judge on 23.12.2008 on manifold grounds, mainly