LAWS(CAL)-2008-5-84

ARATI BARUI Vs. STATE OF WEST BENGAL

Decided On May 16, 2008
ARATI BARUI Appellant
V/S
STATE OF WEST BENGAL Respondents

JUDGEMENT

(1.) THE petitioner who is the mother of the victim lodged an FIR with the o. C. Kakdwip Police Stalion on 24. 3. 2007 alleging that in the evening of the previous day i. e. 23. 3. 2007 her minor daughter had gone to field bring cattle. The accused-O. P. No. 2 summoned her daughter to the field through her neighbour Ramkrishna Pattanayek. There the accused-O. P. No. 2 sat on the chest of her daughter and attempted to commit rape. At that time her minor grand son Shantimoy having come to see the incident informed her. The complainant then immediately rushed to the place of occurrence and saw the incident. The culprit then fled away.

(2.) ON this complaint Kakdwip Police Station registered case No. 43 dated 24th March, 2007 against the O. P. No. 2, under Section 376/511 of the i. P. C. Upon completion of investigation charge-sheet was submitted against the O. P. No. 2 under Section 376/511 of the I. P. C.

(3.) THE learned Additional Sessions Judge, Fast Track Court, Kakdwip recorded the order of acquittal of the charge under Section 376 of the I. P. C. by his judgment and order dated 31. 7. 2007 in ST Case No. 5 (5) oi 2007 against which the defacto-complainant has come up in this revision on the ground that the learned Judge in the Court below overlooked the evidence of the eye-witnesses and that it was against the natural conduct of a village rustic minor girl to bring a false allegation against a person and that the grounds on which the order of acquittal was recorded are not at all convincing.