RAJU LOHAR Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The appellants are challenging a judgment and order of conviction dated 17th August, 2016 and sentence dated 18th August, 2016 passed by the learned Additional Sessions Judge, Fast Track Court - I, Islampur, Uttar Dinajpur in Sessions Trial No. 49 of 2015 arising out of Sessions Case No. 57 of 2015, thereby convicting the appellants under Section 376 (2) (g) read with Section 511 and Sections 323 and 448 read with Section 120B of the Penal Code and sentencing them to suffer rigorous imprisonment for five years and to pay a fine of Rs. 20,000/- each for the offence under Section 376 (2) (g) read with Section 511 of the Penal Code, to suffer one year's rigorous imprisonment and three month's rigorous imprisonment for the offences under Sections 323 read with Section 120B of the Penal Code and Section 448 read with Section 120B of the Penal Code, respectively, the sentences having to run concurrently.

(2.) On 6th August, 2012 at about 10.55 hours PW 1, the victim lady, lodged an FIR with the Chopra Police Station alleging commission of offences under Sections 457, 376(2) (g), 323 and 506 of the Indian Penal Code against seven accused/appellants. She alleged that on 5th August, 2012 at about 11 p.m., the accused came to her house for buying 'bidi'. Her husband was away on work. She along with her three children ran their family by maintaining a grocery shop. The appellant Raju Lohar came to her house in drunken condition. She was then sleeping with her children. The accused Pittar Kujur woke her up and entered into the room along with the other accused and started the violence. The appellant Raju Lohar beat her up mercilessly and they tore her wearing apparel. The accused beat her up brutally. After she shouted, her children started crying. While the other appellants forcibly caught hold of her hands and legs, the appellant Raju Lohar ravished her. After that they threatened her not to disclose the incident or else, they would kill her and her children. After completion of investigation, a charge-sheet was submitted by P.W. 4, the Investigating Officer.

(3.) On 17th August, 2015, the learned Additional Sessions Judge, Fast Track Court - I, Islampur, Uttar Dinajpur, framed charges against the seven accused persons/appellants under Sections 457, 376(2)(g), 323 and 506 of the Indian Penal Code and on 4th August, 2016 under Section 448 read with Section 120B of the Indian Penal Code, Section 323 read with Section 120B of the Penal Code, Section 376(2) (g) read with Sections 511/120B of the Indian Penal Code and under Section 511 of the Indian Penal Code coupled with the principal offences under the Penal Code.