Astami Gope v. State

13.3.2023 27 AB Ct. No.236

CRR 1005 of 2005

In the matter of : Astami Gope

Mr. Himanshu De Mr. Navanil De Mr. Rajeshwar Chakraborty Mr. Srijan Ghosh Mr. Subhrajit Dey Ms. Monami Mukherjee … for the petitioner Mr. Narayan Prasad Agarwala Mr. Pratick Bose … for the State

This revisional application challenges the judgment and order of acquittal passed by the learned Additional Sessions Judge, 2^nd Court, Purulia in Sessions case No. 157 of 2003. By the impugned judgment learned Trial Court after taking into consideration the evidence on record did not find any ingredient of offence within the meaning of Sections 376/109 of the Indian Penal Code and recorded an order of acquittal.

Briefly stated that the victim girl at the relevant point of time was 17 years old who made a statement before the Sub-Inspector of Police A. N. Panda of Arsha Police Station, District Purulia which was recorded in writing. In her statement the victim girl disclosed that she came to know one Santosh Gope of her village and they were in love. The man had sexual intercourse with the victim girl in absence of her mother on the assurance of marriage. Santosh Gope one day in absence of the mother of the victim girl came and put even vermilion on her forehead forcibly and ignoring

the reluctance of the victim girl had sexual intercourse with her but ultimately the man did not keep his promise. The victim girl was threatened and abused by Chandra Mohan Gope and Bijoy Gope. The Police authority having found ingredient of offence cognizable in nature registered Arsha Police Station Case No. 29 0f 2000 dated 19^th April, 2000 and took up investigation. Charge sheet was submitted against the accused persons who stood the trial, pleading innocence.