- (1.) The challenge in this revision is to the judgement and order dated 30.8.2004 passed by the learned Additional District & Sessions Judge, Fast Track, 2nd Court, Tamluk in Sessions Trial No. 1(2) 2004/S. C No. 9(1) 2004 where by and whereunder the learned Judge acquitted the opposite party No. 2 Swapan Das from the charge punishable under section 376 of IPC.
(2.) Nakul Chandra Paul, the de facto complainant of the case, has taken out this application praying for setting aside of the judgement and order which have been impugned on the following grounds: a) that the learned Trial Court failed to appreciate the evidence on record on its proper perspective and background; b) that the learned Trial Court erred in coming to a conclusion that the prosecutrix had, consent to the sexual intercourse with the respondent No. 2 and, as such, the alleged sexual intercourse is not a rape within the definition of 375 of the IPC; c) that the learned Trial Court made some observations which altogether has created serious doubt about the correctness of the judgement impugned; d) that the learned Trial Judge erred in disbelieving the oral testimony of prosecutrix and the prosecution witness Nos. 1 and 4; e) that the judgement impugned does not reflect that the learned Trial Court applied his mind while acquitting the opposite party no. 2 from the alleged charge of rape upon the prosecutrix.
(3.) The case before the learned Trial Court, in short, is that on 8.9.2000, Nakul Chandra Paul (hereinafter referred to as the petitioner) lodged a complaint in the Court of learned Additional Chief Judicial Magistrate, Tamluk alleging therein that the respondent Swapan Das committed rape on his minor daughter Chandana Paul forcibly and, as a result, Chandana Pal became pregnant. Observing the physical change of Chandana, the petitioner inquired into the matter about 6 months after the date of alleged commission of rape and came to learn that the respondent No. 2 Swapan was responsible for the pregnancy. On 3.9.2000, Chandana delivered one male child but immediately after the delivery, the child died. The incident was reported to the local people who tried to negotiate the matter but failed. Ultimately, the petition of complaint was filed by the petitioner the Court of learned ACJM, Tamluk which was referred to Paskura Police Station for investigation treating the same as FIR. On the basis of said petition of complaint, Panskura police Case No. 149 dated 13.12.2000 was started against the opposite party No. 2. The investigation into the case was done and a chargesheet was filed against the opposite party no. 2 in order to prosecute him for committing the offence under section 376 of IPC.;