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2011 Supreme(Cal) 365
HIGH COURT OF CALCUTTA
KANCHAN CHAKRABORTY, J.
Manas Bose @ Basu - Appellants
Vs
State Of West Bengal - Respondents
C.R.A. No. 46 of 2009
Decided on: March 14, 2011
Debabrata Roy, Anirban Mitra, Karabi Roy, Abhijit Addya
Headnote:
RAPE & ABDUCTION - [SECTIONS 366, 366A, 368, 376, 343 OF THE INDIAN PENAL CODE] - Trial Court convicted the appellant for offenses under sections 376 and 343 of the Indian Penal Code, but the High Court acquitted him of all charges.
Fact of the Case:
The appellant, Manas Bose, was accused of abducting and raping a minor girl, Mita Pal. Mita's father, Ranjit Kumar Pal, filed a complaint with the police alleging that Manas had taken Mita to his ashram on the pretext of showing her to prospective grooms for her marriage. Mita was allegedly held captive in the ashram for three days, during which time Manas raped her. Ranjit and his family members rescued Mita from the ashram and took her to the police station. Manas was arrested and charged with abduction, rape, and wrongful confinement.
Finding of the Court:
The High Court found that the prosecution's case was full of contradictions and inconsistencies. The court noted that Mita's testimony had changed over time and that she had made several contradictory statements to the police, the magistrate, and the court. The court also found that the medical evidence did not support Mita's claim that she had been raped. The court further noted that the appellant had filed a matrimonial suit against Mita, claiming that they were legally married. The court found that this fact raised doubts about the prosecution's case that Mita was a minor at the time of the alleged incident.
Issues: 1. Whether the prosecution had proved beyond reasonable doubt that the appellant had abducted and raped Mita Pal. 2. Whether Mita was a minor at the time of the alleged incident.
Ratio Decidendi: The court held that the prosecution had failed to prove beyond reasonable doubt that the appellant had abducted and raped Mita Pal. The court also found that there was reasonable doubt about whether Mita was a minor at the time of the alleged incident. The court relied on the following principles in reaching its decision: (1) the prosecution must prove its case beyond reasonable doubt; (2) the testimony of a single witness, even if that witness is the victim, is not sufficient to convict an accused person; (3) the court must consider all of the evidence in the case, including any evidence that may cast doubt on the prosecution's case; and (4) the court must give the accused person the benefit of any reasonable doubt.
Final Decision: The High Court allowed the appeal and acquitted the appellant of all charges.
Kanchan Chakraborty, J.
1. THIS appeal is directed against judgment and order dated 22.12.2008 and 23.12.2008 passed by the learned Additional Sessions Judge, Fast Track, Court No. 2, Paschim Midnapur in Sessions Trial No. 9 of 2005 in connection with Ghatal P.S. Case No. 4 of 2002 dated 9.1.2002 under sections 366, 366A, 376 and 368 of the Indian Penal Code thereby convicting the appellant under sections 376 and 343 of the Indian Penal Code and sentencing him to suffer R.I. for seven (7) years and to pay a fine of Rs. 1,000/-, in default to suffer simple imprisonment for a period of six(6) months for the offence punishable under section 376 of the IPC and sentencing him to suffer R.I. for two(2) years and to pay a compensation of Rs. 25,000/- to the victim girl within two months from the date of the order.
2. RANJIT Kumar Pal filed one petition of complaint in the Court of learned Sub-Divisional Judicial Magistrate, Jhargram on 22.11.2000 alleging therein that Mita Pal, his unmarried minor daughter, born on 10.11.1994, used to visit the house of her elder sister Uma Pal. During her stay there, Uma used to take her to her Guru's Assram at Konnagar. On 29.7.2000, Uma came to the house of RANJIT Kumar Pal and asked for Rs. 5,000/- as temporary loan for the purpose of construction of her house. She also asked her father to send Mita to her house for the purpose of choosing suitable groom for her marriage negotiation. RANJIT, did not agree to that but ultimately was convinced by his elder daughter Uma that mere showing to prospective groom does not mean marriage. On 2.8.2000, Rahul Pal, close relation of Uma, came to the house of RANJIT Pal and requested him to allow Mita to accompany him to the Uma's house. As Rahul was familiar to the family of RANJIT's family, RANJIT did not object and Mita left for Uma's house with Rahul on 2.8.2000. On 3.8.2000 RANJIT went to Ghatal in order to give Rs. 5,000/- to his elder daughter Uma. He found Uma and Mita behaving abnormally. He also found that Uma advised Mita to take coconut water. She had taken coconut water offered by Uma at the instance of Manas Basu. On the same date both Uma and Mita being aggressive and furious, demanded that Mita should get married to Manash Basu. Mita threatened of committing suicide in case her demand is not fulfilled. On the same date, in the evening, RANJIT had been to the Assarm of Uma's Guru Manas Basu. He found the door partially open. He peeped through that door and found that Mita was dressed in bridal sari and Manas Basu was in bride groom dress sitting side by side. RANJIT became motionless and speechless. He came back to Uma's house, spent the night and returned back to his house accompanied by some one in the morning of the next date. He was perplexed and confused as what to do. Since it was a family scandal it was decided after continuous discussion with elders and family members that the incident should not be reported to police. However, it was decided on 5.8.2000 that Mita should be recovered at once without police help RANJIT, the de facto complainant, together with his near relatives met Kalu Bose on 6.8.2000 at 6 a.m. Kalu Bose was a local municipal commissioner of Ghatal at that time. RANJIT narrated everything to him and Kalu Bose promised to extend his co-operation in the matter of recovery of Mita from the clutches of Manas Bose. Thereafter, RANJIT and his family members entered into Assram of Manas Bose. Manas Bose was found sitting in the room with his two daughters i.e. Mita and Uma. Seeing RANJIT, Mita started crying and wanted to come to RANJIT, her father. Manas and Uma resisted her but somehow RANJIT managed to rescue Mita and took her back to his house by the said taxi which he hired for coming to Gahata. Mita did not say anything on 6.8.2000 but on 7.8.2000, she narrated the entire story. She stated that on 2.8.2000, on her arrival to Uma's house she was continuously persuaded to marry Manas Bose. Manas Bose sent green coco
