VIMALANATHAN Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Radha (not the real name) was practically deserted by her parents. Her father was working at Nicobar. Her mother was mentally ill and staying separately. She was staying with her maternal uncle. While she was 18 years old on February 10, 1996 she along with K. Punieswari (11 years old at that point of time) went to the Nallah to take her bath. She was forcefully taken away by putting cloth on her mouth by Vimalanathan. Vimalanathan took her to the nearby jungle and committed rape on her. K. Punieswari was taken aback. Out of fear she tried to locate Radha, she climbed on a cut tree when she saw that Radha lied on the ground and Vimalanathan was found on her body in naked condition. After some time Radha came out from the jungle and reported the incident to K. Punieswari. They took their bath and then went to their residence. Initially she did not report the incident to her uncle or aunt in the fear that she might be driven out from the house. However, on query made by her aunt she narrated the incident who in turn reported it to her husband and ultimately the F.I.R. wad lodged with the Police Station after about four days of the incident. Police arrested Vimalanathan. Both of them were sent for medical examination. Vimalanathan pleaded not guilty. In defence he pleaded that on that date he was busy cleaning temple since morning. He was falsely implicated in the case as he asked the maternal uncle of Radha to transfer some land in favour of Rajaram on account of marriage with his sister. He also pleaded that there had been illicit relationship between the wife of Paria Swamy, P.W.7 and the father of Vimalanathan. It was his case that there had been love affair between him and Radha and K. Punieswari maintained liaison at the relevant time between themselves.

(2.) Altogether 12 witnesses were examined including Radha, K. Punieswari, her maternal uncle, aunt, the doctor who examined them, the village people and the police officials. The police seized the Lehenga of Radha which she was wearing on the relevant date as well as the shirt, lungi and handkerchief belonging to Vimalanathan. The forensic report after examination of the exhibits so seized by the police as well as the medical examination report given by the concerned doctor were also tendered in evidence. Upon perusal of the evidence so adduced on behalf of the prosecution the learned Sessions Judge held Vimalanathan guilty of the offence and imposed punishment of rigorous imprisonment for 8 years coupled with a fine of Rs 2000/- and in default rigorous imprisonment for six months. Vimalanathan is in custody and we are told that he has already undergone 2 years of imprisonment .

(3.) Appearing for the appellant Mrs. Anjili Nag, learned Counsel contended before us as follows:-