ANATH BANDHU KUNDU Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The appeal arises out of conviction and sentence passed by the learned Sessions Judge, 5th Bench, City Sessions Court, Calcutta in S.C. Case No. 11 of 1994 being S.T. Case No. 2 of 1994 whereby the learned Judge sentenced the accused-appellant to R.I. for seven years and fine of Rs. 5,000/- in default to suffer further R.I. for one year on a charge under Section 376, I.P.C.

(2.) The case of the complainant is appearing from the statement recorded at Jorasanko P.S. on 6-12-1989 made by Kalpana Choudhury, alleged to be the victim girl who gave her age as 14 years. As per statement she was a resident of a Village in District Murshidabad. She used to work for about two years in the house of accused-appellant Anath Bandhu Kundu at 69, Tarak Pramanik Road, Calcutta as a maid. The accused, who was engaged in jewellery business at Bombay, also possessed a flat there. In the month of July of the year when she made the statement, namely in 1989 she accompanied the accused to the Bombay flat. Since he had no other servant or any member of the family staying there. About three four months prior to the Durga Puja, probably in the month of July, she reached Bombay with the accused. From the very night the accused started to commit rape on her against her will. When objected he threatened her. The complainant stayed there for six (6) days and such act was committed daily by the accused. Thereafter both of them returned to Calcutta. In Calcutta she did not disclose the entire incident to the wife of the accused out of fear but she stated to her that while under intoxication the accused used to embarace her. To this the wife of the accused told her not to disclose this fact to anybody else. She accordingly did not disclose the fact to anybody else also, because the accused also threatened her that in the event of any disclosure he would kill her.

(3.) About 16/17 days prior to the Durga Puja, the complainant have to accompanied the accused to the Bombay flat again where they stayed for 15 days at a stretch. On this occasion also the accused used to rape her under threat. One day before Durga Puja both of them came back to Calcutta and still then she used to stay in the Calcutta house of the accused.