TAPAS GHOSH Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) THE instant appeal is directed against the judgment and order dated 29th March, 2003 passed by learned Court of Sessions Judge at howrah in Sessions Trial Case No. 108 of 2002. It relates to Shibpur Police station Case No. 276 of 1998 dated 5th of November, 1998 under Section 376 of the Indian Penal Code.

(2.) THE present appellant was found guilty of the offence under Section 376 of indian Penal Code and the learned Trial Court convicted him accordingly. He was sentenced to suffer rigorous imprisonment for life and further sentenced to pay a fine of Rs. 1, 000/- - in default, to suffer imprisonment for another six (6)months. Mr. Safiulla appearing as learned Counsel for the appellant submitted that the judgment and order under challenge suffers from misappreciation of evidence.

(3.) IT appears that the father of the alleged victim girl submitted a written complaint before Officer-in-charge of Shibpur Police Station. In the said complaint, he alleged that the daughter of the complainant was admitted for private tuition in the Educare Coaching Centre which used to be run by one tapas Ghosh. After about 7 days of her studying there, the said Tapas Ghosh came to the residence of the complainant and told his wife that her daughter required some private tuition in order to enable her to overcome her deficiencies. The daughter of the complainant used to go to the said Coaching Centre along with Tapas Ghosh everyday at about 4-30 P. M. No other student used to be there at the time in the Centre. The complainants daughter reported that Tapas Ghosh after closing all the doors and windows used to commit rape upon her. She alleged that the parents as well as brother of Tapas used to help him in this regard. Tapas used to threat the victim girl saying that in case of this incident getting publicized, she would be killed. On the basis of such written complaint, f. I. R. 276 dated 5th November, 1998 was made and accordingly, shibpur Police Station started a case under Section 376 of the Indian Penal code.