- (1.) The challenge in this appeal is to the judgment and order dated 17.3.2008 and 18.3.2008 passed by the learned Additional Sessions Judge, Fast Track Court, Barasat, North 24 Parganas in Sessions Trial No. 5 (11) of 2000, Corresponding to Sessions Case No. 13 (11) of 1998.
(2.) The appellant Biswanath Ghosh ((THELAW))Khakan was arrayed to face charges under Section 376/307 of IPC and the learned Judge found him guilty of the offences and accordingly recorded his conviction and sentence which has been assailed in this appeal the following grounds : a) that the learned trial Court failed to appreciate the evidence on record in its true and proper perspective and also failed to apply judicial mind; b) that the learned trial Court overlooked broad as well as salient features of the case which are having great impact on the fate of the case ; c) that the learned trial Court erred in believing the testimonies infested witnesses and no independent witness was examined; d) that there are material discrepancies on vital points in the medical evidence leading unmistakably to the fact that what the prosecutrix has stated was entirely false; e) that the learned Court failed to appreciate that no medical evidence of rape on the body of the prosecutrix was available; f) that the learned Court failed to appreciate the statement of the prosecutrix that she was stabbed on her abdomen by knife which would obviously have caused a muscle deep injury, not a skin deep injury; g) that the learned Court failed to appreciate that the relation between the victim and the accused became strenuous immediately before the incident and the victim wanted to take revenge which was established by the Ex. A to Ex. A 15; h) that the accused was not properly examined under Section 313 of Cr.P.C; i) that the judgment challenged being otherwise bad in law, is not sustainable; It would be convenient to refer to the factual matrix of the prosecution case in short.
(3.) On 6.8.1996 Smt. Himadri Das, lodged one F.I.Ft with Titagarh Police Station alleging therein that on 6.8.1996 at about 10.35 A.M., she and her only daughter Sampa Das, aged about 16 years came back home and went to the upstair. Smt. Himadri Das was taking rest on her bed while sampa went to toilet. First of all she went to latrine and thereafter went to bathroom for taking a bath. As soon as Sampa entered into the bathroom, she found Biswanath, Ghosh @ Khakan inside the bathroom. Khakan pressed mouth of Sampa then and there and committed rape on her and finally stabbed on her abdomen with a knife. Hearing alarm of Sampa, Smt. Himadri Das rushed to the bathroom and pushed the door. Khakan, therefore, opened the door and ran towards the stairs of the house. He jumped down from the terrace but lost his sense. Local people, however, lifted him therefrom. In the mean time, Smt. Himadri started crying inside bathroom seeing condition of Sampa and with 4 and 5 minutes the relation and local people assembled there, took Sampa to B. N. Bose S.D. Hospital where Khakan was also taken. Khakan was referred to R.G. Kar hospital therefrom. On the basis of the said F.I.R., Titagarh police station case No. 191 dated 6.8.1996 was registered. The case was investigated into and, ultimately, ended in a charge-sheet under Section 376 of IPC and 307 of IPC. The accused Biswanath Ghosh @ Khakan was arrayed to face charges under Section 307 and 376 of IPC to which he pleaded not guilty and claimed to be tried. Accordingly, the trial commenced, from the prosecution side as many as 13 witnesses were examined,, The F.I.R., statement of Sampa under the Section 164 of Cr.P.C, medical papers, bed head tickets, seizure lists etc. was admitted into evidence and marked Exhibit on behalf of the prosecution. The appellant examined no witness as defense witness but, some documents were filed on his behalf which were also admitted into evidence and marked Ex. A to A 15.;