- (1.) THIS Government Appeal is directed agaisnt a judgment and order of acquittal passed by the learned Assistant Sessions Judge, 9th court at Alipore in Sessions Trial No. 1 (12)of 1987 acquitting the accused Sukesh naskar of the charges under Sections 376 and 457 of the Indian Penal Code.
(2.) THE facts and circumstances of the case briefly stated are as follows :-On 2nd Aghrayan 1391 B. S. , corresponding to 18th November, 1984 the prosecutrix, a mother of three children, after dinner had gone to bed in the covered verandah in front of her east facing room built of mud. The verandah was fenced by darma (made of bamboos ). She bolted the door of the verandah from the inside as would appear from the orginal written complaint. It was then 7/7-30 p. m. She thereafter fell asleep. She woke up to see that she had been overpowered by someone who held a piece of cloth firmly to her mouth. Another held her arms. Out of these two persons she could recognize the accused Sukesh who thereafter lifted her saree and saya and committed rape. After the accused and his companion had left the place of occurrence the victim shouted. Her near relations who used to reside in the neighbourhood rushed to the place of occurrence. She narrated the incident to them. Her husband at that point of time was working to Calcutta. He was informed. He came back on the following day in the afternoon. Thereafter, a written complaint was lodged in the evening at about 19. 45 hours on 19th November, 1984. On 20th November, 1984 the victim was examined by a doctor, the P. W. 8. The accused, sukesh Naskar, was charged under Sections 457/376 of the Indian Penal Code. Ten witnesses were examined. The learned trial judge recorded a finding of acquittal as more fully indicated hereinabove.
(3.) THE reasons and/or the grounds assigned by the learned Trial Judge shall presently be discussed by us. "i do hold on proper consideration that there is sufficient evidence on record to prove that the case was lodged due to the cultivation and looking after the landed property of Bilasmoni and Kunti by accused sukesh and litigation over such property between them. ";