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1999 Supreme(Cal) 9
High Court Of Calcutta
GITESH RANJAN BHATTACHARJEE, NURE ALAM CHOWDHURY
GOPAL TAMANG - Appellant
Versus
STATE OF WEST BENGAL - Respondent
Crl. Appeal 54 Of 1997
Decided On : 01/18/1999
BISVANATH SANYAL, RANJIT GHOSHAL, SIBDAS CHATTERJI, SUDIPTA MOITRA
The main legal point established in the judgment is the conviction of the accused under Section 376, I. P. C. for the rape of a minor girl.
Headnote:
RAPE - Criminal Appeal - Section 376, I. P. C. - Summary of Acts and Sections: Section 376, I. P. C. - The court discussed the evidence and medical reports to establish the rape of a minor girl by the accused. The court also addressed the issue of the accused's legal representation and the sentencing process.
Fact of the Case:
The appellant was convicted under Section 376, I. P. C. for kidnapping and raping a minor girl. The victim was taken on a cycle ride and raped in a bamboo grove. The mother and witnesses reported the incident to the police. The victim's medical examination confirmed the rape.
Finding of the Court:
The court found the accused guilty of raping the minor girl based on the evidence and medical reports. The court also addressed the issue of the accused's legal representation and the sentencing process.
Issues: The key issues included the occurrence of the rape, the adequacy of the accused's legal representation, and the sentencing process.
Ratio Decidendi: The court relied on the evidence, including the victim's testimony and medical reports, to establish the occurrence of the rape. The court also considered the accused's statement regarding legal representation and the sentencing process.
Final Decision: The appellant's appeal was dismissed, and the sentence was modified to 7 years of rigorous imprisonment and a fine of Rs. 10,000, with Rs. 7,000 to be paid to the victim girl.
( 1 ) THIS criminal appeal is directed against the judgment and order of conviction and sentence under Section 376, I. P. C. passed by the Additional District and Sessions Judge, Hooghly in Sessions Trial No. 144 of 1994. The learned Judge convicted the appellant under Section 376, I. P. C. and sentenced him to imprisonment for life and to a fine of Rs. 1,00,000, in default to R. I. for five years. The appellant/accused Gopal Tamang alias China was charged under section 366 and Section 376, I. P. C. for kidnapping and committing rape on a minor girl Tanuja Mallick on 15th February, 1993. The learned trial Judge however after trial convicted the accused u/s. 376, I. P. C. but acquitted him of the charge under Section 366, I. P. C.
( 2 ) THE prosecution case in short is that on 15-2-1993 while the victim girl Tanuja aged about 9 years was playing near her house she was taken away by the accused on a cycle on the pretext of taking her for a ride and then committed rape on her in a bamboo grove. Exb. 1/1 is the FIR lodged by Smt. Kanan Mallick, the mother of the victim girl Tanuja at Chandannagar P. S. at 7. 35 p. m. on 15-2-1993. In short, it is stated in the FIR that at about 5 p. m. on 15-2-1993 the accused took the victim girl Tanuja on her cycle for a ride and then at about 6. 45 p. m. Sk. Mossair of Sukhnagar Para, village Bilkuli, P. S. Bhadreswar, Sk. Kowsher and others brought the accused China with her daughter and reported that the accused committed rape on Tanuja. Bleeding was seen from the private part of the girl and the girl reported weeping that the accused (China) took her on the pretext of taking on a ride on cycle and committed rape on her in a bamboo grove. It is also stated in the FIR that on seeing that the girl was weeping the boys of that place came and she reported to them that the accused China committed rape on her. It is further stated in the FIR that China confessed her guilt to them there and again he confessed his guilt when he was brought to the mother of the victim girl. Then the mother of the girl and the accused China came to the P. S. and lodged FIR. The victim girl was sent to the hospital from the police station. PW-1 Smt. Kanan Mallick is the mother of the victim girl. From her we get that she has twin daughters Tanuja and Anuja. She says that after finishing her work when she returned home she found her elder daughter Anuja Mallick in the house but Tanuja was absent and Anuja reported to her that Tanuja had gone with the accused China on his bicycle. When Tanuja did not return home at about 7 p. m. she says, she went to the stationary shop of Swapan Biswas and informed him about the matter and sometime thereafter several para people brought Tanuja and the accused China in her house along with the cycle of China. She also found blood stained mark on the pant of Tanuja and Tanuja informed that she was taken to village Bilkuli by the accused and there the accused forcibly committed sexual intercourse with her and for that reason blood was coming out from her private part. Then they went to the police station and there PW-1, lodged complaint. She says that the accused was known to them by face as he used to visit their area and also used to work as mason. In their cross-examination she says that she cannot tell the exact date of birth of her daughter. But she says that the victim girl was born in the nursing home of Dr. Sudarkar Sett of Chandannagar. She also says in her cross-examination that the accused China used to work as paint mistri and as helper of mason and he also worked as painter in her house. She denies the defence suggestion that she did not pay the wage of the accused and when the accused demanded his wage she falsely implicated the accused in this case with the help of villagers. In her cross-examination she says that she cannot state the names of the local boys who had accompanied her on that date to the P. S. and she also cannot say the names o
