Gobinda Debnath v. State Of Tripura

INTHEHIGHCOURTOFTRIPURA AGARTALA CRL.REV.P.No.68of2011 SriGovindaDebnath, 
   

    
         
 

 
 




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  ......Respondent BEFORE THEHON'BLEMR.JUSTICES.TALAPATRA +     ,-$. #  +
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 , "Wehaveverycarefullyandclosely scrutinized th3e evidence of those witnesses and do not find any material contradiction in respect of sleeping of victimgirlinthekitchenandtakingaway the victim girl in the paddy filed by the accused persons. The victim girl clearly stated that the accused took her away pressing hold her mouth to the nearby paddy filed from where she raised alarm and she also stated that her parents and brotherSumanarrivedthere.Theparents and brother have also stated that they went to the paddy filed hearing the cries of the victim girl. There is no iota of contradiction in the evidence of the witnessesregardingthisfact.

 The victim also stated that she stated to her parents and brother that accused Gobinda and Tapan had brought her to the paddy filed forcibly from the kitchen pressing her mouth. The parents and brother have also stated the victim girl disclosed to them that the accused Gobinda and Tapan brought her there forcibly.So,thereisalsonocontradiction intheevidenceofthewitnesses.




 penis through her vagina while accused TapanSarkarhadcaughtholdher. PW.1 Arati Das and PW.3 Sandnda Das stated that the victim told them that accused Gobinda had committed sexual intercourse with here. Whereas, PW.4 SumanDas,the brotherofthevictimgirl stated that the victim girl informed them thatTapanSarkarhadsethispenistoher private part. So, there is a sharp contradictionintheevidenceofPWs.1,2, 3 and 4. Let us see what was stated by theinformantintheFIR. In the ejahar the informant stated that when the accused person were puttingoffthepantofthevictimgirlshe raisedalarmandthereaftertheinformant along with her husband and son went to the paddy filed.

 So, in the ejahar, the informant did not state that Gobinda or Tapan committed sexual intercourse with the victim girl as she stated before the Courtatthetimeofgivingdeposition.So, herealsowefindamajorcontradictionin the evidence of the informant with the contents of the ejahar. Had there been any incident of sexual intercourse as describedbythewitnessesatthetimeof givingdeposition,theinformantbeingthe mother of the victim girl could not have anyreasontosuppressthatmaterialfact whenshetookthedecisiontogetjustice forsuchheinousoffencecommitted upon herdaughter.Suchcontradictioncreatesa doubtinthemindofBoardregardingthe sexual intercourse of the victim girl by eitheroftheaccusedforcefully.

  Fromtheevidenceoftheinformant aswellas,fromthevictimgirlandIOwe findthatthevictim girlwasexaminedby themedicalofficeratIGMHospital.So,let usseetheevidenceofthemedicalofficer. PW.12Dr.BasudeveMajumdarstatedthat on 17.01.2008, he examined the victim girlinconnectionwithAgartalawomenPS Case No.13 of 2008 and on examination he found that the victim girl was physically and mentally normal and no injurymarkfoundinanypartofherbody including her private part and on examination the doctor opined that there was no sign of sexual intercourse.




 him. Thus, the evidence of the medical officeralsodoesnotshowthattherewas any sexual intercourse upon the victim girl. Thus,wefindthatthetestimonyof the victim girl and her parents and brother regarding sexual intercourse is not supported by the contents of the FIR andalsonotcorroboratedbytheevidence ofthemedicalofficer." [6]   +   

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     'the prosecution could not prove beyond shadow of reasonable doubt that the accused Gobinda Debnath committed sexualintercoursewiththevictimgirland accused Tapan Sarkar aided Gobinda in committing sexual intercourse.

 However, from the evidence of the victim girl as wellas,fromtheevidenceofherparents and brother it is crystal clear that the accused persons had applied criminal force upon the victim and thereby outragedhermodesty.'

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'  BholaBhagatvs.StateofBihar,   (1997) 8 SCC 720 &


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