Back
2022 Supreme(Cal) 258
IN THE HIGH COURT OF JUDICATURE AT CALCUTTA
Sugato Majumdar, J.
Mihir Gorai - Appellant
Versus
The State of West Bengal & Another - Respondent
CRA. No. 149 of 2015
Decided On : 13-07-2022
For the Appellant :K. Ghosal, Advocate.
For the Respondents:Swapan Banerjee, Purnima Ghosh, Advocates.
The central legal point established in the judgment is the requirement for corroboration and reliability in evidence to sustain a conviction.
Headnote:
Acquittal - Outraging Modesty - Indian Penal Code 457/354, P.O.C.S.O Act 2012 12 - The court found the accused not guilty and acquitted him of all charges under sections 457/354 of the Indian Penal Code read with section 12 of the P.O.C.S.O Act. The court observed that the evidence presented was contradictory and inconsistent, lacking corroboration and reliability, leading to the decision to uphold the acquittal.
Fact of the Case:
The accused was acquitted of charges of trespassing and outraging the modesty of the victim. The appellant, being the father of the victim, alleged that the accused forcibly entered the house, broke the door, and outraged the victim's modesty. The trial court acquitted the accused due to contradictory and inconsistent evidence.
Finding of the Court:
The court found the accused not guilty and acquitted him of all charges due to contradictory and inconsistent evidence, lacking corroboration and reliability.
Issues: The issues revolved around the credibility and consistency of the evidence presented, the alleged incident, and the actions of the accused.
Ratio Decidendi: The court's decision was based on the lack of corroboration and reliability in the evidence presented, which led to the acquittal of the accused.
Final Decision: The instant appeal was dismissed, and the trial court's decision to acquit the accused was upheld.
JUDGMENT :
1. The instant criminal appeal is filed against the judgment dated 31st January, 2015 passed by the Additional Sessions Judge, 2nd Court, Purulia cum the Special Judge under P.O.C.S.O Act, 2012 whereby the accused of the trial Ashok Gorai was acquitted of the charges leveled against him under sections 457/354 of the Indian Penal Code read with section 12 of the P.O.C.S.O Act.
2. The present appellant being the de-facto complainant and the father of the victim, lodged a written complaint against the said Ashok Gorai alleging that on 22/03/2013 at about 11 p.m. he trespassed into his house, forcibly broken the door of the room where the victim was sleeping and outraged her modesty. The wife of the appellant resisted but when she could not do anything she called the local people and confined the said Ashok Gorai inside a room.
3. The written complaint was registered as Purulia (M) P.S. Case No. 59 of 2013 dated 23/03/2013. On completion of investigation charge sheet was filed. Charges were framed under sections 457/354 of the Indian Penal Code along with section 8 of the P.O.C.S.O Act 2012. The said Ashok Gorai pleaded not guilty as a result of which he was tried. In trial, seven witnesses were examined including the victim girl and her parents.
4. Defense of the said Ashok Gorai was false implication. He stated so also in his examination under section 313 of the Code of Criminal Procedure, 1973.
5. The trial court, after appreciation of evidence came to the conclusion that the said Ashok Gorai is not guilty and acquitted him of all the charges leveled against him. The trial court observed that the evidences of the witnesses are contradictory and belies the truthfulness of the allegations.
6. Mr. Ghosal, the Learned Counsel for the appellant submitted that the victim was a rustic girl without having enough smartness. She might not have deposed or narrated the incidents without meticulous details. But there is no contradiction in her statements that her modesty was outraged by the said Ashok Gorai. Minor contradictions, according to him, cannot undermine her otherwise reliable evidence. The trial court should have considered and appreciated evidence from that point of view. According to him, appreciation of evidence by the trial court was seriously flawed which demands interference of this court by setting aside the order of acquittal and convicting the said Ashok Gorai as sufficient materials are there in the record to order conviction.
7. Mr. Banerjee along with Ms. Ghosh, appearing on behalf of the state, filed written notes of arguments in which several discrepancies in the evidence were pointed out. The sum and substance of the argument of Mr. Banerjee and Ms. Ghosh is that because of incoherent evidence, the trial court rightly acquitted the said Ashok Gorai.
8. I have heard rival submissions.
9. It is stated in the written complaint that the victim was sleeping inside her room when the said Ashok Gorai forcibly entered into the house breaking door and outraged her modesty. The victim girl stated in evidence that while she was returning from bathroom the said Ashok Gorai pressed her mouth - and tried to drag herself and also outraged her modesty. She somehow managed to shout on hearing which her parents came there and managed to catch the said assailant. She did not state that the alleged incident took place while she was sleeping inside the room, as stated in the written complaint. The appellant, deposed as P.W. 2 and stated in evidence that on hearing shouting he along with his wife came out of the room and found that the victim was caught hold by the said Ashok Gorai and she was placed on the cot with a cloth was pressed on her mouth. P.W. 2, being the appellant, further stated in cross-examination that it was not correct to say as stated in the written complaint that on 22/03/2013 at about 11 p.m. the said Ashok Gorai had attacked his house and at that time the victim and the wife of the appellant were sleeping inside
