SACHINDRA NATH BISWAS Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This is an appeal against an order of convicted and sentence passed by the learning Assistant Sessions Judge, 4th Court, Alipore, in Sessions Trial No. 3(7) of 1978.

(2.) The respondent No. 2, Smt. Maya Rani Biswas, Filed a petitioner of complaint in the court of the learned Sub-Divisional Judicial Magistrate, Bongaon 24-Parganas, on ill 19-7-1976 alleging, inter alia, that towards the tit first part of Magh, 1382 B.S., i.e, on or about 7th or 8th Magh (corresponding to January, 1976), the appellant, Sachindra Nath Biswas, committed rape on her at about 7/8 p.m. at their hut forcibly against her consent and had subsequently cohabited with her and that she became ultimately pregnant and was carrying for five months. It was stated in the petition of complaint that previously the appellant, Sachindra, had allured her (Maya Rani) in various ways by saying that he would marry her and would give her 4 bighas of land and that the respondent No. 2 did not pay any heed to these assurances by the appellant. This petition of complaint was sent by the - learned Sub-Divisional Judicial Magistrate, Bongaon, to the 0/C, Bagdah Police Station on 19-7-1976 for treating it as F.I.R. and for investigation of the case. Accordingly, Bagdah Police Station Case No. 22 dated 26-10-1976 was started against the appellant under section 376, Indian Penal Code on drawing up a formal F.I.R., Ext. 2. The case was investigated by S.I., Amiya Kumar Dey (P.W.9), who submitted charge-sheet in the case on 23-12- 1977 under section 376, Indian Penal Code.

(3.) The prosecution examined nine witnesses. P.W. 1 is Maya Rani Biswas, the victim girl, who has spoken about the occurrence. P. W. 2, Makhanlal Das, P. W. 3 Pramatha Ranjan Bawali, P. W. 4, Sarat Chandra Biswas, who happens to be the brother of P.W. 1, and P.W. 5, Abhimonyu Sarkar, have spoken about a salish being held in the village, Ghat Patila, under Police Station Bagdah, after Maya Rani (P.W. 1) disclosed the factum of her pregnancy through the appellant to the wife of Sarat Chandra Biswas and this fact was disclosed by the wife of Sarat Chandra Biswas to her husband (P.W. 4). P.W. 6 is a practising lawyer, who drafted the petition of complaint, Ext. 1, on 19-7-1976. P.W. 7 is Dr. R. Adhikary. who examined the appellant as well as Maya Rani on 28.10-1976 at Bongaon Sub. Divisional Hospital as Sub-Divisional Medical Officer and had subsequently examined the girl radiologically on 1-8-1977, on being brought and identified by constable. Nani Gopal De (P.W.8), P.W.9, Amiya Kumar De, was the Investigating Officer of the case.