UTPAL DAS Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This appeal by special leave is directed against the judgment of the Calcutta High Court setting aside the acquittal of the appellants herein under Section 376 IPC and sentencing them to suffer rigorous imprisonment for five years and to pay a fine of Rs. 2,000/-, in default of payment of fine to further undergo two months rigorous imprisonment.

(2.) The prosecution story, briefly stated, is that on 28.4.1984 at about 8.00 p.m. one Sitarani Jha (PW-14) got down from a train at Burdwan Railway Station alone and hired a rickshaw to go to the Badamtola bus stand as she had to take a bus for Satgachia. On reaching at Badamtola bus stand she learnt that the last bus for Satgachia had already left. She then told the rickshaw puller, Bipul Samaddar (PW-6) to take her to a girl of her village who lived at nearby place, Kalna Gate. It is alleged that when the victim was about to leave Badamtala bus stand she was intercepted by four or five persons who forcibly took her to a house under construction and thereafter two of them forcibly committed rape on her one after another against her will. One of them had a knife in his hands. The victim further alleged that after commission of rape she was taken to a nearby tea stall and locked there in a small room by the appellants. After sometime one Parimal Babu (PW-2), Probal Babu (PW-1) and Bipul Samaddar (PW-6) and some other people rescued her from that shop, to whom she narrated the whole incident. Thereafter the victim took shelter for night in the house of one Joydeb Prajapati (PW-4) a distant relative of her. It is further alleged that on the following morning i.e. 29.4.1984 local people brought Utpal Das (appellant No. 1 herein), Haradhan @ Bhalta Sutradar (appellant No. 2 herein) and one Banshidhar Dawn before the victim and she identified Utpal and Haradhan @ Bhalta Sutradhar as the persons who committed rape on her and at that time Haradhan @ Bhalta managed to flee away. This, in fact, is the story given out by the prosecutrix - Sitarani Jha while she lodged the FIR (Ex. 9) with Burdwan (Sadar) Police Station at 10.45 a.m. on 29.4.1984.

(3.) Based on the report (Ex.9) the Police Station Burdwan registered a case under Sections 366, 368 and 376 read with Section 34 of the IPC against the appellants.