- (1.) This appeal is directed against a judgement and order dated 22 nd December, 2009 passed by the learned Additional Sessions Judge, Fast Track 3 rd Court, Malda in Sessions Case No. 50 of 2005 corresponding to G.R Case No. 1922 of 2003 arising out of Gazole P.S. Case No. 182 of 2003 dated 13 th December, 2003 by which the learned Trial Court acquitted the sole accused of the charge under Section 376 of the Indian Penal Code. The prosecutrix has come up in appeal.
(2.) The facts and circumstances of the case appearing from the written complaint, lodged by the prosecutrix on 13 th December 2003, when translated in English would read as follows:- (a) "Sir, I (name withheld by us), daughter of Maqbul Hossain, a permanent resident of the aforesaid address indicated above, most humbly submit that am a student of the Malda College and I am in the 2 nd year of the Bengali Honours. In connection with my studies I have to stay in the Malda town at a tenanted house. I was acquainted with Asadul Islam, son of Bafatulla Mian, a resident of our neighbouring village. He used to come to our house in connection with various matters. We fell in love and used to keep connection telephonically. On the assurance that he would marry me he forcibly established physical relationship with me last year. As a result I became pregnant which he had forcibly aborted and advised me not to inform the matter to my family members. He continued to keep contact with me even thereafter and frequently visited me at my tenanted house. He used to take me to his house at Jorgachi where he used to live alone. Based on his promise to marry he compelled me to involve in physical relationship with him from time to time. I have since been able to ascertain that he is going to marry another woman on 18 th December. Having been aware of his proposed marriage elsewhere I rushed to him for enquiry whereupon he threatened to kill me. In the circumstances I am living in grave apprehension. I therefore request you to kindly take appropriate step so that I can get justice." (b) A statement of the prosecutrix under Section 164 CrPC recorded, by the learned Magistrate on 18 th December 2003 and marked exbt. 13 series, in Bengali, when translated in English would read as follows:- "Both the father of Asadul Islam and my father are the teachers in the same school. Asadul used to come to our house from time to time. In June/July 2001 I fell in love with him. Since then I used to call him by the name Raj and he used to call me by the name Sonia. 3/ 4 months after we fell in love he came to my tenanted house in the afternoon. I was at that time alone at home. He tried to establish physical relationship with me. I resisted. Ignoring my resistance he forcibly established physical relationship. I started crying. Asadul then told me "I love you. I am going to marry you." I asked him to talk to my father about the marriage. He replied that he would talk to my father after sometime. Whenever I told him that I would tell my parents about marriage he would prohibit me from doing so. Keeping me assured about the promised marriage he frequently established physical relationship with me. I became pregnant. I was treated by Dr. D. Sarkar. He gave me an injection. The pregnancy was aborted. Asadul had the pregnancy aborted against my will. He thereafter continued to have relationship with me. A few days ago I came to know that marriage between Asadul and Nikhat Parveen has been settled. I then enquired of Asadul as to why was he going to marry another woman leaving me. Asadul then told me that he was going to marry another woman as per the wishes of his parents but he would never live with that woman. He would always live with me. He also told me that he would deposit a sum of Rs.5,00,000/- in my favour with a bank. I refused to accept the money. I thereafter brought the entire incident to the notice of my father. My father informed the matter to the father of Asadul. Asadul's father told my father to hush up the matter. I thereafter lodged the written complaint."
(3.) After the written complaint was lodged and the case was under investigation the witnesses were sought to bribed and were ultimately terrorized. A criminal case was also lodged against them by the accused which ultimately resulted in a final report filed by the police which the Chief Judicial Magistrate accepted and initiated proceedings under Section 211 of the Indian Penal Code against the accused. He challenged the aforesaid order on the ground that the final report filed by the police was accepted without hearing him. The order accepting the final report was set aside by the learned Sessions Judge. The order was challenged by the party of the complainant and a revisional application we understand is still pending before this Court.;