BISWANATH GHOSH Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The challenge in this appeal is to the judgment and order dated 17.3.2008 and 18.3.2008 passed by the learned Additional Sessions Judge, Fast Track Court, Barasat, North 24 Parganas in Sessions Trial No. 5 (11) of 2000, Corresponding to Sessions Case No. 13 (11) of 1998.

(2.) The appellant Biswanath Ghosh ((THELAW))Khakan was arrayed to face charges under Section 376/307 of IPC and the learned Judge found him guilty of the offences and accordingly recorded his conviction and sentence which has been assailed in this appeal the following grounds :

(3.) On 6.8.1996 Smt. Himadri Das, lodged one F.I.Ft with Titagarh Police Station alleging therein that on 6.8.1996 at about 10.35 A.M., she and her only daughter Sampa Das, aged about 16 years came back home and went to the upstair. Smt. Himadri Das was taking rest on her bed while sampa went to toilet. First of all she went to latrine and thereafter went to bathroom for taking a bath. As soon as Sampa entered into the bathroom, she found Biswanath, Ghosh @ Khakan inside the bathroom. Khakan pressed mouth of Sampa then and there and committed rape on her and finally stabbed on her abdomen with a knife. Hearing alarm of Sampa, Smt. Himadri Das rushed to the bathroom and pushed the door. Khakan, therefore, opened the door and ran towards the stairs of the house. He jumped down from the terrace but lost his sense. Local people, however, lifted him therefrom. In the mean time, Smt. Himadri started crying inside bathroom seeing condition of Sampa and with 4 and 5 minutes the relation and local people assembled there, took Sampa to B. N. Bose S.D. Hospital where Khakan was also taken. Khakan was referred to R.G. Kar hospital therefrom. On the basis of the said F.I.R., Titagarh police station case No. 191 dated 6.8.1996 was registered. The case was investigated into and, ultimately, ended in a charge-sheet under Section 376 of IPC and 307 of IPC. The accused Biswanath Ghosh @ Khakan was arrayed to face charges under Section 307 and 376 of IPC to which he pleaded not guilty and claimed to be tried. Accordingly, the trial commenced, from the prosecution side as many as 13 witnesses were examined,, The F.I.R., statement of Sampa under the Section 164 of Cr.P.C, medical papers, bed head tickets, seizure lists etc. was admitted into evidence and marked Exhibit on behalf of the prosecution. The appellant examined no witness as defense witness but, some documents were filed on his behalf which were also admitted into evidence and marked Ex. A to A 15.