D.P.Sarkar-II, J. - (1.) This case tells the sad tale of Freudian Furry, that cut short the blooming life of an innocent hapless little girl only at the age of 10 years.
(2.) The appellant, admittedly, was an armed Constable attached to the 4th armed battalion of West Bengal Police, posted to Raiganj. He used to live in the quarters allotted to him in the police barrack. On the fateful day i.e., on 26.10.95 at about 6.00 PM, as per the prosecution case, the appellant was standing in front of the shop of P.W. 10-Madhusudan Chakraborty. P.W.9 viz. Kaushalwa Roy was also there, when the victim girl named Biva Rajak came to that shop to purchase 'khaini' for her father. The appellant purchased some 'Chanachur' and requested the shop-keeper to supply 'khaini' to Biva first. As soon as 'khaini' was purchased, Biva started for her home, but the accused accompanied her and within the hearing of P.W.9 and P.W. 10 requested Biva to take some 'chanachur' and to accompany him to his quarters. Biva did not agree. Then the appellant caught hold of Biva by her hand and tried to drag her. But Biva could manage to disengage her hand. At that point of time there was load-shedding. As such P.W. 9 & P.W. 10 could not say what happened thereafter. But Biva-the victim girl and other relations searched for her at the shop and to other places. Lastly the victim's father lodged a missing diary at Raigunj PS. Serious tension was prevailing at the locality. The suspicion of the local people fell on the convict-appellant who was last seen in the living company of the victim girl. Ultimately, police came and took the convict-appellant to the police station for interrogation. Before the members of the public and the police the convict appellant admitted all the facts and disclosed that the dead body of the victim girl was thrown into the pond at the back of his quarters. Pursuant to such statement, the dead body was recovered. The lower part of the dead body was completely naked and blood was oozing out still from her private part. The post-mortem examination disclosed, that the girl was raped and strangulated to death. The convict-appellant had also some scratching wounds on his face and shoulders and bleeding injury on the middle finger of his left hand. He received treatment for those injuries from a local private doctor (P.W.11) at about 8.00 PM on 26.10.95. He also received a toxide injection. Thereafter the police obtained a complained in writing from the father of the victim and drew up the formal FIR, searched the quarters of the convict-appellant and recovered the under-garment and the hawaii chappals of the victim girl which were identified as that of the victim by her father i.e., PW7. Blood an blood-stained earth were collected from the wall made of cement and sand from the balcony of the convict. The police also seized some other articles under different seizure lists in presence of the witnesses.
(3.) During investigation the police examined as large number of witnesses, drew up sketch map of the place of occurrence; collected the post-mortem report and forensic reports and finally submitted charge-sheet against the convict appellant under sections 363/366/376/302/201 of the IPC.;