Ashim Kumar Roy, J. - (1.) THE appellant/convict Bimal Sardar @ Battery was placed on a trial before the learned Additional Sessions Judge, 3rd Court, Nadia, Krishnanagar to answer charges for offences punishable under section 376 IPC for committing rape on a minor Archana Saha and under section 302/c IPC for intentionally causing her death and for disappearance of the evidence of murder. The trial Judge found the appellant/convict guilty on all counts, he was charged with. While he was sentenced to death for his conviction under section 302 IPC, simultaneously he was also convicted for the offences punishable under section 376 IPC and 201 IPC and sentenced thereunder to suffer imprisonment for life and rigorous imprisonment for 7 years respectively with fine and default clause. Both the sentences imposed against him for his conviction under section 376 IPC and 201 IPC were directed to run concurrently and the fine amount, if realized, be paid to the brother of the victim/girl. Following the sentence of death being passed against the appellant/convict, the trial court submitted the proceeding before this court for confirmation of the sentence, whereas the appellant/convict in a separate statutory appeal challenged the said judgment, which gave rise to this death reference and the appeal. Since both the death reference and the appeal are arising out of the self -same judgment and order, the same are taken up for hearing together and disposed of by this common order.
(2.) IN substance the prosecution case goes like this, The victim Archana Saha, aged about 14 years and a student of class -VII of Gede Vidyasagar Madhyamik Sikhakendra, bereft of her father, residing with her deaf and dumb mother and brother at their house at Gede, Uttarpara. On the fateful day at about 10.30 am, she went to school but did not return and after vigorous search, on the next day at about 11 a.m. her dead body was found in a turmeric field of one Dulal Biswas. Subsequently, it was known from the witness Tapas Majumdar (PW/7), a local shop keeper, that on the previous day, while it was raining heavily, at around 3 p.m., the PW/7 found the victim going with the appellant/convict under his umbrella. After the discovery of the dead body and it was known to all that the victim was found last seen alive in the company of the appellant/convict, he confessed his guilt and disclosed to the villagers that he along with 3 others raped and killed her. During inquest, blood was found on her private parts and a Medical Board, which held post mortem, opined that the victim suffered a homicidal death due to ante mortem manual throttling. On perusal of the records, we find there was no eye -witness to the actual occurrence, in which the victim was killed and the case of the prosecution entirely rests on circumstantial evidence. It needs no debate that in a case like this which is based on circumstantial evidence, each piece of circumstance, relied upon by the prosecution against the accused must be proved beyond all reasonable doubts and the circumstances so proved must form a chain leading to an inevitable conclusion that it is the accused and no one else is the author of the crime. Furthermore, such conclusion must be compatible only with the guilt of the accused and there cannot be any scope to fit the same with his innocence.
(3.) THE prosecution relied on following circumstances against the appellant/convict, (a) On the fateful day in the morning, the victim went to school and was there till the school was closed at 3.15 p.m. (b) The PW/3, one of the Teachers of the school, where the victim was studying, on her way back from the school after the school was closed met the victim on the road. At that time it was raining heavily and they both together walked for a few minutes under one umbrella, thereafter while the victim took shelter under the shed of the grocery shop of one Bablu Biswas, the witness left. (c) The PW/7 at around 16.00 hrs. on June 10, 2013 found the victim standing under the shed of grocery shop of Bablu Biswas, when it was still raining. The witness saw her while he was standing in front of his shop on the other side of the road. (d) In the meanwhile, the appellant/convict was found by the PW/7 coming from the side of the station and they had a talk. (e) After about 5 minutes, the PW/7 saw both the appellant/convict and the victim to go together under one umbrella towards her house. (f) The PW/7 when asked the victim where she was going with the appellant/convict, she did not reply. (g) Thereafter, none found her alive. (h) On the next day around 11 a.m. her dead body in her school uniform was found in the turmeric garden of Dulal Biswas. (i) About an hour before the discovery of the dead body of the victim, the appellant/convict told the PW/12, his own uncle that he was not feeling well and when he was asked to go to the Doctor by the said witness, he refused and had little food for lunch. (j) After lunch the appellant/convict went towards the place, where the dead body was found and returned and informed the co -villagers and the PW/12 that something was lying inside the garden in a ditch. When the PW/12 and others went there and found it was the dead body of a female person. (k) After the discovery of the dead body, the appellant/convict told the PW/12 that he would flee away but the PW/12 stopped him. (l) The PW/11, one of the Autopsy Surgeon opined that the time of death of the victim may be sometime in the afternoon or evening of June, 10, 2013. (m) When the PW/7 disclosed to the villagers that he saw the victim with the appellant/convict on the previous day in the afternoon at around 4 p.m., the appellant/convict confessed to the villagers that he and others raped and killed her. (n) The place, where the dead body was found, was close to the field where the appellant/convict used to work. (o) During inquest, the police found blood on the private parts of the victim. (p) Post mortem was held by a Medical Board and they opined that she suffered a homicidal death due to ante -mortem manual throttling. (q) After the arrest of the petitioner, pursuant to the information given and being led by him, her school bag containing books, geometry box, pencil, water bottle and slippers etc. were recovered from a bamboo bush near to the place, wherefrom her dead body was recovered. (r) Subsequently, one black umbrella was recovered by the police from his house pursuant to the information given by the appellant/convict and on being led by him.;