BABU DEY Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The accused in S.T. 19(2)/89 34/90 in the Court of Additional Crl. 189 Sessions Judge, 5th Court, Alipore is the appellant. The appellant was charged under Section 376 of Indian Penal Code to have committed rape upon the prosecutrix Smt. Jyotsna Mridha on 30th June 1983 at 2/37A, Vidyasagar Colony within Jadavpur Police Station, Calcutta-47 and convicted and sentenced to undergo rigorous imprisonment for a term of 10 years and also to pay a fine of Rs. 2000/-, in default to suffer rigorous imprisonment for six months more. Out of the amount of fine so realised, an amount of Rs. 1500/- was directed to be paid to the victim lady as compensation.

(2.) The skeletal picture of the prosecution story as revealed in the FIR is as follows : That the husband of the victim Harekrishna Mridha was an employee of O,B.G.C, at the relevant time. He was residing with the prosecutrix Jyotsna Mridha at 2/37A, Vidyasagar Colony on the date of incident. The husband of the victim used to remain absent between 8 a.m. and return home from the office at about 7-30/8 p.m. regularly. During that period the victim lady Jyotsna Mridha used to stay alone in the tenanted premises. It has been stated in the FIR that one day, that is, 3/4 days before the occurrence at about 10/10-30 a.m. during the absence of the victim's husband, the appellant Babu Dey is said to have come to the tenanted premises and communicated bad gesture to Jyotsna which was resisted and the appellant threatened the victim with a dire consequences. When Jyotsna Mridha made a shriek, the appellant left the premises. Immediately after Jyotsna's husband came to the house, she claimed to have narrated the incident.

(3.) On 30-6-83 at about 10-30 a.m. when the husband of the informant Jyotsna Mridha left for attending the office, the appellant is said to have come and entered into the tenanted premises clandestinely. At that time the informant was sleeping in her room. The accused after entering into the premises caught hold of the informant after getting himself on her chest and placed his hand on her mouth and thereafter the accused lifted her wearing saree and allegedly committed rape on her. When Jyotsna attempted to make an outcry, the appellant threatened her by showing a knife. It is allegedly stated that the accused had committed rape on her by force without her consent and after 30 minutes the accused left the room with a warning that if the informant revealed this incident to others, she would be finished. The informant fell ill and she sustained pain on her private parts and other parts of her body. The informant narrated the incident to the landlady and a few persons of the locality. Since the informant was ill, there were some delay in lodging FIR at the Police Station.