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PETITIONER: SIDHESWAR GANGULY
Vs.
RESPONDENT: THE STATE OF WEST BENGAL
DATE OF JUDGMENT: 24/10/1957
BENCH: SINHA, BHUVNESHWAR P. BENCH: SINHA, BHUVNESHWAR P. KAPUR, J.L.
CITATION: 1958 AIR 143 1958 SCR 749
ACT: Jury trial--Written statement filed by accused-If admissible-Rape--Evidence of prosecutrix-Corroboration of--Misdirection to jury-Age of Prosecutrix-Certificate of fitness" Grant of--Principles-Constitution of India, Art. 134(1)(c).
HEADNOTE: Appellant was tried by the Sessions judge and a jury on the charge of committing rape. On the question of the age of the girl expert medical evidence was produced but no birth certificate was available. The father of the girl could not be examined as he was dead. According to the Police evidence the whereabouts of the mother were not traceable but the Police Officer who himself made the inquiry was not produced. As regards the commission of the rape the girl herself was examined and there was the evidence of another girl and some circumstantial evidence. The 750 accused filed a written statement but the judge refused to read it out to the jury. The jury returned a unanimous verdict of guilty and the judge, accepting the verdict, convicted the ap...