JOHNSON Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This appeal has been preferred against the judgment and order of conviction dated 11.8.2005 passed by the learned Sessions Judge, A & N Islands, Port Blair in Sessions Case No.29 of 2001 (Sessions Trial No.36 of December 2003) whereby the appellant was convicted for the offence under Sections 366 and 376 I.P.C. and sentenced to suffer rigorous imprisonment for two years and to pay a fine of Rs.5,000/- in default to suffer R.I. for two months so far as the offence under Section 366 I.P.C. is concerned. The accused/appellant was further sentenced to suffer R.I. for ten years and to pay a fine of Rs.20,000/- in default to suffer R.I. for eight months for the offence under Section 376 I.P.C. and both the sentences were directed to run concurrently. Being aggrieved and dissatisfied with the said order of conviction the accused/appellant has preferred this appeal.

(2.) The prosecution case, in short, is that on 22.11.1999 at Garacharama within P. S. Pahargaon the accused/appellant abducted two minor girls viz. S. Vijaya Laxmi aged about 7 years and S. Dhanalaxmi aged about 5 years from near their house and they were taken by him to the nearby jungle with intent that they might be forced or seduced to illicit intercourse. After abducting those minor girls the accused committed rape upon S. Vijaya Laxmi. It is the case of the prosecution that on that day while the accused was sitting in the nearby jungle along with those two minor girls at that time one Ramnath Ram, who was passing through that place, saw them there and after returning home he informed the matter to the mother of those two minor girls. Immediately on hearing this information, the mother of those two girls rushed to the said jungle along with neighbors viz. Nandia, Vividan Toppo and Ramnath Ram. They were searching for those two girls by calling their names. While doing so, they found the accused/appellant to run away from the bushes. Immediately after that both the girls came out from the bushes and at that time they were crying. When the matter was enquired, the eldest daughter S. Vijaya Laxmi informed her mother that the accused forcibly took her and her sister to the bush and thereafter, the accused committed rape on her. She also informed that due to such act of the accused she sustained pain in her vagina. Hearing that, the complainant examined the vagina of her eldest daughter S. Vijaya Laxmi and found that there was swelling present. She then took the victim S. Vijaya Laxmi to the PHC, Garacharama. There the victim was examined by the Medical Officer who informed the police about the incident. On receiving the said information, police went to the said PHC and recorded the statement of the mother of the victim. On the basis of the said statement, Garacharama PS. Case No.399/99 dated 22.11.99 was started. On the same evening the victim girl was examined by the Medical Officer. The accused was searched for and was arrested and brought in the said PHC for medical examination. The doctor medically examined both the victim and the accused and submitted his report. After completion of the investigation, charge-sheet under Section 376 I.PC. was submitted against the accused. During trial, charges under Sections 366 and 376 I.PC. were framed against the accused/appellant. Same was read over and explained to the accused/appellant who pleaded not guilty and claimed to be tried.

(3.) Prosecution in all had examined seven witnesses to prove the charges against the accused who did not examine any witness in his defence. The defence case, as it has transpired from the trend of the cross-examination as well as from the statements as made by the accused under Section 313 Cr.P.C. is that of denial and complete innocence. During cross-examination the accused had taken a defence to the effect that the P. W.2 i.e. the mother of the victim had an illicit relationship with the P.W.3 Rarnnath Ram and as he protested about that illicit relationship, he had been falsely implicated in this case by the P.W.2. On the contrary, in his statement made under Section 313 Cr.P.C. the accused had tried to set up a claim to the effect that P.W.2 took some amount of money from him as loan and as the accused asked for repayment of the same, the P.W. 2 became annoyed and as such she had falsely implicated the accused in this case.