PANKAJ BISWAS Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The appeal is directed against judgment and order dated 14.06.2012 passed by the learned Additional Sessions Judge, 2nd Fast Track Court, Coochbehar, inter alia, convicting the appellant for commission of offence punishable under section 314 of the Indian Penal Code read with section 7 (3) of the Medical Termination of Pregnancy Act, 1971 and under section 201 of the Indian Penal Code sentencing him to suffer rigorous imprisonment for five years and to pay fine of Rs.10,000/- in default to suffer simple imprisonment for six months more for the offence punishable under section 314 read with section 7(3) of the Medical Termination of Pregnancy Act, 1971 and also sentencing him to suffer simple imprisonment for two years and to pay fine of Rs.5000/- in default to suffer simple imprisonment for two months more for the offence punishable under section 201 of the Indian Penal Code, both the sentences shall run concurrently.

(2.) The prosecution case as alleged against the appellant and other accused persons is that one Premananda Brojabashi of village Uchal Pukury was a Yogi. He had many disciples in the village. Defacto-complainant, namely, Haro Kumar Roy, PW-1, and his family members were followers of Yagi Khudiram Brojabashi. Premananda Brojabashi was also a follower of Khudiram Brojabashi and was a 'Gurubhai' to the defacto-complainant and his family members. When Khudiram Brojabashi left the village, defacto-complainant and his family developed close association with Premananda Brojabashi. Taking advantage of such association, Premananda Brojabashi developed illicit relation with Depali Roy, victim, the daughter of Haro kumar Roy and committed rape upon her at her house. The defacto-complainant came to know such incident when he threatened to inform the police, Premananda Brojabashi promised to marry Depali Roy, the victim. Depali Roy had become seven months' pregnant in the meantime. On 7.1.2006, Premananda Brojabashi along with his aunt, Jashomati Brojabashi took away Depali Roy on promise of marrying her. On 11.1.2006 around 7.30 p.m. Premananda Brojabashi along with Jashomati Brojabashi, Narkanta Roy and Manoranjan Barman brought the dead body of Depali Roy to the village and while they were proceeding to Asram, co-villagers restrained them. While being interrogated, they disclosed that Depali, the victim, had been taken to Dr. Pankaj Biswas, Medical Officer of Jamaldaha hospital for abortion. On 10.1.2006 around 12.30 a.m. Depali, the victim, was aborted in the house of Kundeswari Barman, Aya of the said hospital, by the appellant and expired as a consequence of such abortion on the said date. Pursuant to such written complaint lodged by PW-1, Haro Kumar Roy, Mekhliganj police station case No.05/2006 dated 12.1.2006 under section 302/314/34 of the I.P.C. was registered for investigation against Premananda Brojobashi, Jashomati Brajobashi and the appellant, Dr. Pankaj Biswas.

(3.) 'In conclusion of investigation, charge sheet was filed against nine accused persons including the appellant under section 493/376/314/201 of the I.P.C and 7 (3) of the Medical Termination of Pregnancy Act, 1971. The case, being a sessions triable one, was committed to the Court of Sessions, Mekhliganj and transferred to the Court of learned Additional Sessions Judge, Coochbehar, for trial and disposal. Charges were framed under sections 376 against Premananda Brojabashi, under section 314 read with section 7(3) of the Medical Termination of Pregnancy Act, 1971 against the appellant, under section 314/120B I.P.C. against Premananda Brajabashi, Jushomati. Brojobashi and Narakanta Barman, under section 109/314 of the Indian Penal Code against all accused persons (except Purneswari Barman) namely, Premananda Brojabashi, Jashomati Brojabashi, appellant Dr. Pankaj Biswas, Narakanta Barman, Manoranjan Barman, Tinku @ Sudip Sarker, Paltu @ Prasanta Kumar Sarkar and Papan @ Udayan Ghosh under section 201 of the Indian Penal Code. In the course of trial, the prosecution examined as many as 13 witnesses and exhibited a number of documents. In the course of trial, accused Premananda Brojabashi expired.