SANJAY SAMAJPATI Vs. THE STATE

JUDGEMENT

(1.) PROSECUTION STORY

(2.) SANJUKTA (not the real name) was a resident of Ram Nagar. She was a student of class XI when the incident happened. On September 09, 2010 she went to Public Health Centre, Kalighat with a complain of back pain below her shoulder. The accused attended her. She was examined. Accused gave her medicine with a further advice to come after three days. After taking those medicines she did not get any relief and her pain increased. Again on September 13, 2010 she came to hospital and visited the doctor. Doctor prescribed her some medicines and asked her to meet him in his quarters to take delivery of the medicines sometime after when he would be going to his quarters. Sanjukta's grandmother was getting treatment in that hospital. She took her permission and visited the doctor in his quarters. The doctor asked her to sit near the door where there was only one bed. She asked the doctor to give the medicine quickly as she was in a hurry. The doctor went inside, came back and closed the door from inside. He did not give any medicine and forcibly made her lie on the bed on the pretext of giving treatment. He caught hold of her both hands and removed her wearing apparels. She was having her menstrual cycle. He then forcibly penetrated his private part into her private part and forcibly raped her. She then got up and opened the door and came out after taking her wearing apparels. She came to the market and made a telephone call to her father that was unsuccessful. Then she made a telephone call to her brother -in -law P.W.2 and informed the matter to him. Her brother -in -law came in a vehicle and thereafter she narrated the entire incident to him. She was taken to the police station where she made a complaint that was written by her brother -in -law and signed by her. She was medically examined twice, firstly, by Dr. Dipankar Dhar, P.W. 19 and then by a Medical Board consisting of other doctors being P.Ws.7, 8, and 17. Her wearing apparels were seized. The police also seized the bed sheets and the shorts belonging to the accused from his quarters. All the wearing apparels belonging to the victim and the accused were sent for chemical examination. The chemical examination found human semen in the bed sheet and shorts belonging to the accused and wearing apparels being suit, suit pant and panty belonging to the victim. The police arrested the accused and submitted charge sheet inter alia under Section 376 read with Section 342 of the Indian Penal Code. The accused pleaded not guilty and faced trial.

(3.) P .W.3, Krishna Poddar was the father of the victim. He stated, Sanjukta went to hospital after talking to her mother. Gokul informed him about the incident. The police came to his residence on September 16, 2010 when he handed over her birth certificate to the police. He identified his signature. He also identified the birth certificate. He denied the suggestion, Gokul did not inform him about the incident or that he did not hand over the birth certificate along with the medical slip to the police. P.W.4 was the seizure witness. He proved the seizure. He identified the material exhibits. P.W.5 was the mother of the victim. She was tendered as witness. However, no question was asked. So was the case of P.W.6. P.W.7 was the Medical Officer posted at Mayabunder. He deposed, the then Director, Health Services constituted a Medical Board consisting of three doctors where he was the Chairman and the other members were Dr. Chitra Paul and Dr. N.R. Kodhandram being the P.W.8 and P.W.17. He proved the medical report that was tendered in evidence signed by the members of the Medical Board. He denied the suggestion, neither the victim nor the accused was examined by them or that no Medical Board was constituted. P.W.8 Dr. Chitra Paul also corroborated P.W.7 on the medical examination. P.W.9 was the Head Constable who took the Alamats for CFSL examination at Kolkata. P.W.10 Grace Field was the Police Officer who attended the victim in P.S. Kalighat. He was also responsible for seizure of the wearing apparels belonging to the victim as well as the accused including the bed sheet. He accompanied the victim and the accused for medical examination at Mayabunder. He denied the suggestion, no seizure was made in his presence. P.W.11 was also tendered for cross -examination. However, no question was asked. P.W.12 Malati Sardar was the midwife in Kalighat Medical Centre. She could not throw any light on the incident. P.W.13 Sanjit Ojha was the photographer. He identified the photographs taken by him. P.W.14 Dr. Michael was the Medical Officer posted at Diglipur. He was posted at Kalighat where the Out Patient Department slip was seized. He identified the slip. P.w.15 was the Head Constable who chalked out the FIR on the basis of the written complaint. P.W.16 was also a Constable who was tendered by prosecution. P.W.17 was a member of the Medical Board. He corroborated the other members of the Medical Board being P.Ws.7 and 8. He also identified the medical report that had already been exhibited. He stated in cross -examination, hymenal myrtiformis was absent that would suggest, victim was habituated in sexual intercourse. P.W.18 was posted at Kalighat Medical Centre at the relevant time when he examined the accused finding scar on the left side of occipital region of the accused. P.W.19 was the Medical Officer who was also posted at Kalighat Medical Centre. He examined the victim where he opined, the victim had not been subjected to forcible sexual intercourse. He, however, clarified, since the victim was having menstrual period and there were bleeding from vagina he could not examine the victim girl properly. P.W.20 was the Police Officer who conducted the investigation. He corroborated the other witnesses.