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3. In order to teach lesson to the victim, in the intervening night of 26.09.1998 and 27.09.1998, two persons including the aforesaid accused Purnendu Kumar Patra knocked her door and when she came out, acid was thrown at her. She cried for help. Her husband was moron who was of little help. She had two little kids in the house. The neighbours, who rushed to the spot, stated to have taken the victim first to the police station and thereafter took the deceased to Sub Divisional Hospital, Contai, where she was admitted for the treatment. No written complaint appears to have been given to the police at that point of time. At the time of her admission in the hospital, she said to have disclosed to the attending doctor PW-6 B. Debroy the names of the two accused, namely Purnendu Kumar Patra and Rabin Jana as the two persons who came to her house. It appears that no one from the hospital bothered to inform to the police about the incident. Since there was no relative of hers in the hospital, on 31.10.1998 she requested PW-7 Joyram Jana (who used to live nearby Contai Sub Divisional Hospital and happened to have come to the hospital to see some other patient), to write her complaint and send the same to the police by registered post. English translation of her written complaint (original in Bangla), which is Exh. 4, is reproduced below: -

“To The O/c, Contai P.S. District: Midnapore.
Sir, This is my humble submission that I, Smt. Saraswati Guchhait W/o Sri Niranjan Guchhait, am resident of Karalda Nimakbarh, P.S. Kanthi (Contai), Dist. Midnapore.
On 27.10.1998 (English equivalent) when I was injured with acid, hurled at me by under mentioned two miscreants, I went to your Police Station and thereafter as instructed at the Police Station I am now admitted to bed no. 33 (female) at Kanthi Sub-Divisional Hospital. My husband is mentally a very nitwit person, in a sense almost mentally handicapped. The miscreant no. 1 had raped me, and the case no. G.R. 756/97 against him is pending. As these two persons are very terrorizing in nature, due to fear, none of my relatives and neighbours are ready to go to the police station. On Thursday, 29.10.1998 (English equivalent) at 7.00 p.m. the under mentioned two miscreants brought another person unknown to me to my bed (in the hospital), got identified me to him. They said which I heard - ‘we are talking about this Maal (slang). Can you do it?’ Then those three persons immediately went out of the room.
4. The aforesaid report was sent by ordinary post by PW-7 Joyram Jana, who scribed it. The same reached at the Police Station, Contai on 07.11.1998. The following endorsement was made by the PW-11 Inspector Alok Kumar Ghosh, at the end of the complaint after it is received: -
“Received through postal Dak today (7.11.98) At 22.00 hrs. and initiated Contai P.S. case no. 227/98 dt. 7.11.1998 u/s. 326/307 IPC Sd/- Illegible O/c. Contai P.S. 7.11.98 Officer-

14. The High Court has allowed itself to be swayed by the fact that the First Information Report in the present case is delayed by twenty three days but it has failed to appreciate the fact that the helpless woman, who was admitted by the neighbours in the hospital, had moron husband and two little kids at home, and none of them were able to go to police station and get the First Information Report recorded. Observations of the trial court while examining PW-4 Niranjan Gucchait that he is incapable to understand questions and answers, and he could not be examined, has been completely ignored by the High Court. It has come on the record in the evidence of PW-2 Sudha Krishna Jana as to how when neighbours rushed, he took the victim to the Hospital and got her admitted there. The record clearly shows that the deceased, in pathetic condition, has taken help of PW-7 Joyram Jana, who had come in the hospital to see his patient, and she requested him to right down her complaint and send it to police by registered post. The said witness (PW-7) appears to have done only this much favour to the victim that he wrote down her complaint, got her L.T.I put on the complaint and sent it by ordinary post to the police, which admittedly was received by the police only on 07.11.1998. PW-2 Sudha Krishna Jana, the neighbour, has further disclosed that when the victim cried – “Moregalam” (I am dying) and she told that the accused had thrown acid on her, he took the victim to the hospital. He has further stated that on way to hospital, the victim was first taken to Contai Police Station but the police advised him to take the victim to Contai Sub Divisional Hospital. It appears from the record that after the victim was admitted in the hospital, neighbours did not bother to see her. In the circumstances, we find that the delay in lodging the First Information Report is fully explained on the record and is fatal for the prosecution case.