IN THE HIGH COURT AT CALCUTTA
DEBANGSU BASAK, MD. SHABBAR RASHIDI
Jyotsna Ghosh – Appellant
Versus
State of West Bengal – Respondent
JUDGMENT :
MD. SHABBAR RASHIDI, J.
1. The instant appeal, at the behest of the de-facto complainant is in assailment of the impugned judgment and order dated August 19, 2019 passed by learned Additional Sessions Judge, 2nd Fast Track Court, Asansol, in Sessions Trial No. 06 of 2009 arising out of Sessions Case No. 341 of 2007.
2. By the impugned judgment and order, the respondent/accused Abhijit Gope @ Bapi was found not guilty and was acquitted of the charges under Sections 341 /376 of the Indian Penal Code.
3. It is submitted by learned advocate for the appellant that the impugned judgment and order was passed by learned Trial Court merely on conjectures and surmises without evaluating the evidence on record. The findings arrived at by the learned Trial Court were misconceived and misdirected.
4. Learned advocate for the appellant further submitted that the learned Trial Court failed to appreciate the evidence led at the trial in its proper perspective and came to an erroneous finding. The Trial Court misapplied the authorities cited on behalf of the defence without considering the facts and circumstances obtained in the present case.
5. According to learned advocate for the appellant
The acquittal of the accused was justified due to insufficient evidence of lack of consent, establishing that the presumption of absence of consent under Section 114A requires a robust foundation.
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