BISWA KUMAR BEPARI Vs. ANDAMAN AND NIKOBAR ISLANDS

JUDGEMENT

(1.) THIS appeal is directed against a judgment dated 30th August, 1993 delivered in Sessions Trial No. 1 of February, 1993 arising out of Sessions Case No. 29/91 convicting the accused Biswa Kumar bepari under section 376 of the Indian Penal Code and an order sentencing the convict to suffer rigorous imprisonment for 10 years as also to pay a fine of Rs. 2,000/-, in default to suffer further rigorous imprisonment for two months.

(2.) BRIEFLY stated the facts and circumstances of this case are as follows: on 25th February, 1987 at about 4 p. m. the prosecutrix aged about 16 years and 7 months went to fetch drinking water from the village water tap. She was intercepted by the accused; dragged in the nearby paddy field, gagged, overpowered, overawed at a sickle point and ravished. She was threatened of dire consequences in case she resorted to divulging the fact. She was further directed by the accused to go home with the pitcher full of water in order to project a picture that nothing had happened. She went to the tap weeping. While she was at the tap another woman of the village namely Chanchala sarkar the P. W. 4 came there. The accused also went to the tap, washed himself and went away. Seeing her weeping Chanchala had asked the reason. The victim told what had befallen her. By that time the accused had left. Around 5. 00 p. m. the victim reached home. She asked her sister Kanan (P. W. 3) as to why did she not respond to her calls. Kanan replied that she did not hear. By that time the mother of the victim came out of her room and asked the prosecutrix as to what had happened. The victim reiterated the incident. The mother (P. W. 2) accompanied by another sister of the victim namely Shova proceeded to the house of the accused. She enquired about the mother of the accused but she was not at home. P. W. 2 returned home. Shortly thereafter her father-in-law reached home. She narrated the incident to him. Around 8 p. m. the father of the victim came. He was told about the incident. Around 9 p. m. the father (P. W. 1) of the victim went to the house of the Pradhan Shri naliniranjan Mondal. The house of the Pradhan was situate at a distance of about two kilometers. The Pradhan sent the Sarpanch Shri Hiramoni Roy to the house of the victim for preliminary enquiry. Hiramoni Roy (P. W. 10) heard the entire incident from the mouth of the prosecutrix and left telling her father to again meet the Pradhan in the morning at 7 a. m. On the following day at 7 a. m. the father and the daughter went to house of the Pradhan. The Pradhan was also told about the incident who after hearing the matter advised the father of the victim to report the matter to the police. Around 8 a. m. on 26th October, 1987 they set out for the police station accompanied by the Sarpanch Hiramoni roy. They reached the police station at 9. 30 a. m. The officers were not there. Around 11 a. m. the Daroga (P. W. 20) came. After hearing the incident her statement was recorded, read over and signed which formed the basis of the formal FIR appearing to have been lodged at 11. 30 a. m.

(3.) MR. Adhikary, learned Additional Advocate General appearing in support of the appeal advanced the following submissions: