GAUTAM BISWAS Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This instant appeal has been directed against the conviction and sentence dated 6.7.1992 passed by the learned Session Judge, Midnapore in connection with Sessions Trial No. V of December, 1989.

(2.) Following the shocking incident of rape and murder of a little girl called Putul Maity, the G.R. Case being 422 of 1988 was registered. The prosecution case as narrated in the F.I.R. and unfurled in course of the trial, was to the effect that on 18th December, 1988 round about 09-30 in the morning the girl called Putul Maity went out of her house for the purpose of visiting her uncle Nira Maity at the Lock Gate at Gangakhali. Since the girl did not return home by 1 P.M., her relations and neighbours went out searching for her. The girl was wearing a printed cotton frock with embroideries. She also wore ear ring and nose ring. As the neighbours and relations fanned out, the informant Dilip Kr. Biswas found the appellant Gautam Biswas standing on the northern courtyard of their newly built house. The appellant Gautam Biswas was found flummoxed when he was asked as to what he was doing there. Meanwhile, vigorous search went on to find the whereabouts of the missing girl. Almost all the boys in the locality joined in the search for the girl. The appellant, however, did not show any inclination in searching out the girl. He even misled the villagers by asking them to make the search at Maniktala. His entire movement and behaviour thus evoked strong suspicion in the minds of the villagers.

(3.) As the process of the search had been going on, Gopal Biswas, elder brother of the appellant Gautam Biswas, went to their newly built house for keeping the water pumping machine there. Bikash Samanta and Manu Samanta of their locality were with him. As they were placing the machine inside the room, some water like substance dropped on his head. Gopal Biswas with a torchlight in his hand and with the help of his associates went up to the place which was covered with straw. The missing girl called Putul Maity was found lying on her back over the straw with her leg folded and blood oozing out of her ear and private parts. On hearing the alarming call of Gopal Biswas, the neighbours rushed to the spot. The appellant Gautam Biswas, however, was conspicuous by his absence. The body of Putual Maity was brought down and placed on the floor. Marks of scratches were found all over her mouth. The ear ring and the nose ring worn by her, however, were found missing. Suspicion was building up that Gautam Biswas was behind the rape and murder. His 'Loongi' was found scared with blood when he was eventually found coming back on a cycle. On interrogation, he confessed having raped and murdered the little girl called Putul Maity. He also confessed having removed ornaments worn by her.