TAPAS MONDAL Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) On the Shia Ratri day in 1997 being March 7, 1997 at about 6.30 p.m. the victim was approaching her friend's house, when she was stopped by Tapas one of the appellants. Tapas told her that her friends were waiting at "Shia Mandir". When she approached Shia Mandir she did not find her friends instead she found Dipu the second appellant and Kalusona whom she did not know before hand. Then all the three forcibly took her little away from Shia Mandir about half kilometre and committed rape upon her. According to her, Tapas first committed rape which was repeated by Dipu and Kalusona was on the guard. The victim girl's father made a written complaint to the police station. According to the father the victim was 16 years old. She was going to her friend's house for bringing questions, when Tapas diverted her route and ultimately all three forcibly took her in an open field and committed rape against her willingness. After about 4 (four) hours, in the midnight when she was found weeping, her mother made query when she narrated the incident.

(2.) Tapas was initially absconding. Dipu and Kalusona were arrested and Tapas later on surrendered to Court. They were charge-sheeted under Section 376(2)(g) of the Indian Penal Code. All of them pleaded innocence and claimed to be tried.

(3.) P.W. 1, the father of the victim corroborated what he had stated in the written complaint. In cross-examination, he admitted that the incident happened on the day of Shiba Ratri, in a place half kilometre away from the Shiba Mandir. He had business, which was being looked after by his son. He did not take his daughter to any doctor after the incident. He was not aware of the friendship between his son Alok and Tapas. He denied' that Tapas used to visit his House. He also denied knowing Tapas before the incident.