GOLAM NABI BISWAS Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The Appellant, Golam Nabi Biswas, challenges the Judgment and Order dated 15.7.2008 and 16.7.2008 passed by the ld. Addl. Sessions Judge, Fast Track (IInd Court), Behrampur, Murshidabad in Sessions Trial no. 10 (6) of whereby and whereunder, he was sentenced to undergo rigorous imprisonment for three years with fine of Rs. 20,000/- (Rupees Twenty Thousand) for the offence punishable under Section 498A of the Indian Penal Code and in case, of non-payment of fine, to undergo R.I. for a period of one more year.

(2.) On 3.10.2005, one Samima Shiropa made a written report before the Inspector in charge of the Domkal Police Station at Murshidabad against her husband, Golam Nabi Biswas (the Appellant herein) and against one Ekramul Mondal alleging therein, as follows:-

(3.) Before proceeding to deal with the various aspects of the case, I would first like to deal with the submissions made on behalf of the State. The State has very vehemently contended that the evidence of the child witness being, Wasim Rezza should not be ignored because he was not only a child at the time of the incident but he was as much close to his father as was the informant by marriage being his wife. Being so close to his father, he could not have been prompted to say anything against him and that too, in open Court when he described the incident in the same way as was narrated by his mother in the written report. According to the State, a child witness, under such circumstances, cannot be disbelieved.