JABBAR GHOSH Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Appellants have preferred the instant appeal assailing the judgment, order of conviction and sentence dated February 14 2003 passed by the learned Additional Sessions Judge, 3rd Court Bankura in Session Trial No. 3(7) of 2002 whereby appellants were convicted for commission of the offence punishable under Section 376 (2) g of the Indian Penal Code (hereinafter referred to as IPC) and were sentenced to suffer rigorous imprisonment for ten years each and a fine of Rs. 2000/- each in default to suffer further rigorous imprisonment for one year each.

(2.) On February 2002, PW 1 lodged a written complaint to the Onda Police Station, District Bankura stating therein that on February 11, 2002 his wife (P.W.2) had been to his place of work at Bankura bus stand where he was working in a sweetmeat shop Deshbandhu Mistanna Bhandar. At about 5.00 p.m. his wife (PW2) was returning home from his place of work at Bankura. She got down at Kalisen Bus Stand and while she was proceeding alone then at that time appellants, who were covillagers and relatives, offered to drop her at her residence by a cycle, which they were riding. As it was evening believing them she rode their by cycle. After going some distance, appellants started behind indecently conversing in abusive languages with his wife and appellant. Jabber started pressing his hand on her chest and thigh. His wife then wanted to got down from the cycle but they took her in a bush, forcibly put her down and committed rape on his wife one after another throughout the night. As a result his wife asked for water but they left her and went away. Subsequently after gaining her sense his wife went to the village in the morning and narrated the incident to the villagers about what happened on previous night and again lost her conscience. Villagers then took her to Krishnanager Heath Centre but realizing seriousness Doctor transferred her to Hospital. On getting information in the evening at his place of work, P.W.1 rushed to the hospital and asked about the condition of his wife and heard about the incident from her. As he was busy for treatment of his wife so he could not inform the incident at the earliest. On the basis of the above written complaint scribed by PW12 Onda Police Station Case No 6 dated February 13 2002 was started against the appellants under Section 376(2)G of the Indian Penal Code. PW 15 himself took up investigation of the case and thereafter on completion of investigation submitted charge sheet against the appellant under Section 376(2)G IPC. On July 25 2002 charge under Section 376(2)G, IPC was framed against appellant and on their pleading not guilty trial commenced.

(3.) Mr. Anjan Dutta, learned Advocate engaged as State Defense submitted that the order of conviction for the commission of gang rape and sentence awarded for the same of are not sustainable in law as the same not supported by any medical evidence, there was contradiction between the statement of the prosecutrix and PW14, the doctor, the evidence of PW 1 was not reliable, then was absence of any forensic examination report of the wearing apparel of the victim and because of non seizure of the alleged bicycle and the knife used in the crime. He also submitted that chance of false implication can not be ruled out due to animosity and personal grudge for being restricted to collect leaves and fruits from the forest by appellant Rabin Mondal and staff of Bana Rakshan Samity. According to Mr. Dutta, the prosecution has failed to prove the charge beyond all reasonable doubts.