PARIMAL GUHA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This appeal is directed against the judgment and order of conviction dtd. 8/8/2019 passed by the learned 1st Additional District and Sessions Judge, Sealdah, 24-Parganas (South) in Sessions Trial No. 2 (3) 2018.

(2.) Factual background of the case is that on 1/2/2014, one Badal Patra lodged a complaint with Tangra Police Station to the effect that he had two daughters aged 27 years and 16 years. His elder daughter was not so clever as she ought to be in the age group, and was not able to work properly. Some 10/12 days prior to the lodging of complaint, his elder daughter, complained cough and cold and abdomen pain. She was taken to Chittaranjan Hospital where she was advised ultrasonography test. Later, ultrasonography test was conducted and the test report suggested her pregnancy of two months. The report was also shown to the doctor at Chittaranjan Hospital who also confirmed the pregnancy. Upon enquiry, the daughter of the complainant disclosed that one uncle of the complainant, namely Parimal, who earlier used to live in the house of complainant had repeated physical relations with complainant's daughter and threatened her not to disclose such relation.

(3.) It is further case of the complainant that on December 02, 2013, the said Parimal Guha, visited the house of complainant on the occasion of Kali Puja. The daughter of the complainant disclosed before him that Parimal Guha committed rape upon her against her will on the night intervening December 3, 2013 and December 4, 2013. On the basis of such written complaint, Tangra P.S. Case No. 22 dtd. 1/2/2014 under Sec. 376 (l) of Indian Penal Code was started against Parimal Guha.