Indian Kanoon - Search engine for Indian Law

(d) P.W.1 searched nearby areas for her daughter, but in vain;

(e) When she returned to her flat at 2 p.m., she heard a commotion near the meter box on the eastern side road below their apartment. She rushed to the spot and found Bachhu Ghosh standing there. She found her daughter with injuries on her neck and on the upper portions of her breast. String of her salwar was untied and her wearing apparels including inner garments had been torn.

P.W.9 deposed that the victim was admitted as a patient at Relife Nursing Home, Uttarpara on 4.7.2014 at 5 p.m. She was admitted under Dr. Manoj Pal (P.W.10), Dr. Arindam Sur and Dr. Debasish Sarkar. He prepared injury report of the victim (Ext.16 and 16/1). He proved the admission form and treatment sheet of the victim (Ext. U and V). Police seized injury report of the victim under a seizure list. When the patient was brought to the nursing home she was gasping. Food contents were regurgitating from her mouth. She was referred to ICCU under Dr. Pal. Her upper portion of the dress was in torn condition around her chest. Her under garments were also torn. The inner aspect of both thighs of her dress were also torn. The string of her pajama was torn and there were mud stains on the rear part of her pajama. He found bloodstains on her chest wall and blood coming from her genitalia. There were bilateral bruise marks on both sides of neck. There were large areas of abrasions over back of both thighs and buttocks. There were diffused bruise marks upon inner aspect of left breast. There were multiple small bruises over anterior surface of chest wall. There was small bite mark over the breast. In response to queries made to him by the police he submitted a written reply dated 20.7.2014 (Ext.19 and 19/1). He stated that the bruise marks may be due to violent attempt of throttling. He stated that he had found multiple bruise marks over both breasts and anterior chest wall and blood was oozing from vaginal area of the deceased. From the said injuries on the body of the deceased it may be assumed that she was subjected to violent sexual assault. The victim died at 4.30 p.m. P.W.11 Dr. Manoj Kr. Pal had treated the victim. He proved the original admission form and history and treatment sheet of the victim. In response to a questionnaire sent by the police, he submitted answers (Ext. 24 and 24/1). He had replied to the police that he found bruise marks on the anterior aspect of throat, bloodstains over vagina. He opined that such bloodstains over vaginal area was indicative of forcible sexual assault. From the injuries over the body he opined that the victim had died asphyxial death with sexual assault. He made statement before the Magistrate (P.W.15).

P.W.18, Dr. Rakhamouli Mukherjee held post mortem over the body of the victim. He found the following injuries :-

1. Two distinct brownish marks were present at sub mandibular region on both sides of chin showing parchmentisation of skin.

2. Multiple bruise marks were present over both breasts, predominantly over left breast. Two rear small punctured wounds were present over right breast on either side of nipple.

The question is who was responsible for such brutal murder and rape of the victim? The evidence of P.W. 1 shows that on the fateful day at around 1.15 p.m. she had accompanied her daughter to the cyber café situated in the ground floor of their apartment. She went upstairs to her room and when she returned after five minutes her daughter was missing. She asked the owner of the cyber café about her whereabouts. Thereafter, she went out to search her daughter in the nearby area but could not trace her. She telephoned her husband, P.W. 2 and informed him that their daughter was missing. Soon thereafter she noticed that her daughter was lying in the eastern side of her apartment on a raised platform near the meter box. Wearing apparels including the string and lower portion of her salwar and upper portion of her dress and inner garments around her breasts were torn. She also found some bruise marks on her neck. There were bruise and bite marks on her breasts and buttocks. Bachchu Ghosh who was a neighbour of P.W.1 was standing there and he claimed that he had found the victim on the road and dragged her to the raised platform. When P.W.1 requested Bachchu to call an ambulance he delayed the matter. Subsequently, when she requested him to contact police he reprimanded her and stated that there was no necessity to contact the police as the victim had suffered a heart attack. Subsequently, the victim was taken to Relife Nursing Home where she was treated by P.Ws. 9 and