RAMCHIT RAJBHAR Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 31-8-81 passed by the learned Sessions Judge, Howrah in Sessions Trial No. IV of July, 1981 convicting the accused-appellant u/ S. 376 of the Indian Penal Code and sentencing him to undergo rigorous imprisonment for 8 years.

(2.) The prosecution case is that on 7-8-79 at about 8-30/9-30 in the morning while the prosecutrix Rekha Devi, a minor daughter of Bilat Jadav of Jhorhat within Sankril Police Station was playing at Kuatola near the ghar of accused Ramchit, he called her in and closed the door of the room immediately after she entered into it and forced her to lie down on the floor by pressing her and holding her hands and mouth and removing the pant on her wearing committed rape on her. This forcible rape caused much pain and bleeding injury in her private parts. She cried out and the accused released her on seeing much blood coming out of her private parts. Then the accused opened the door of his house and let her go. Being attracted by her cries, the mother, father and other persons arrived near the room of Ramchit. She narrated the incident to all of them. Ramchit confessed his guilt before all on being inquired by them and he begged to be excused.

(3.) On the same day at about 10-30 a.m. Smt. Rekha Devi, victim of the sexual assault was taken to Sankril Police Station by her parents and neighbours. The accused was also brought to the police station and was handed over to the Police. The statement of Rekha Devi was reduced into writing by the S.I. of Police Sri S. N. Dutta who was attached to Sankril Police Station on that day and the same has been treated as the First Information Report. The accused was put under arrest. The police seized the wearing apparel from Rekha Devi, namely, one pant and one frock bearing marks of blood. Thereafter police took the prosecutrix and the accused to the place of occurrence which was identified to the police by the prosecutrix. Police prepared a rough sketch map of the place with index and also collected some earth mixed with blood from the floor of the room of the accused. Police recorded the statements of the post-occurrence witnesses and also the witnesses to the seizure list. On the same day police forwarded Rekha Devi to Howrah General Hospital for medical examination. She was kept there as an indoor patient for the period from 7-8-79 to 10-8-79 and on 11-8-79 she was brought from the hospital and handed over to her parents. On 16-8-79 she was again sent to Howrah General Hospital for her Ossification Test. The frock and pant seized from the wearing of Rekha Devi were sent to Forensic Science Laboratory. On 8-8-79 the accused was forwarded to Howrah General Hospital for examination. But on that day somehow the accused was not examined and so he was again sent for examination on 9-8-79.