MANGALI HALDAR Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) ON the day of Swaraswati Puja victim along with her two friends, one of whom was Nagari, went out to see Swaraswati idol. After sometime her friends left her. She was alone. She met one of the villagers known as Krishna, PW-7 and asked for his help. Krishna advised her to avail the van rickshaw of Nikhil. She accordingly boarded the rickshaw. ON the way Shashi boarded the rickshaw. Sadhan started walking in front keeping pace with the rickshaw. Nikhil took the rickshaw to a high land. All three together dragged the victim to the said high land. They stripped bare the victim and ravished her. According to the victim, she sustained bleeding injury on her private parts. The accused pressed her breast. Victim became senseless. Blood was oozing out of private parts. The accused took her to her house and asked her not to disclose the incident to anyone. She met her mother in the house, asked for a glass of water and then went for sleep after taking water. Next day she disclosed the incident to Ratna (PW-5) and Basanti (PW-2), who, in turn, narrated the incident to Mangoli (PW- 3). According to the victim and her parents, they initially lodged the complaint to the Panchayet.

(2.) AFTER being refused justice they approached the Police and lodged the complaint. The police arrested Nikhil, Sadhan and Sashi. The police also got the victim examined by the Doctor being PW-6. The accused were chargedsheeted under Sections 376 (2)(g)/511 of the Indian Penal Code. All the accused persons pleaded not guilty and faced trial. The learned Assistant Sessions Judge, Cooch Bihar, after considering the evidence on record, held the accused guilty of the offence and convicted all of them. The three accused were imposed punishment of rigorous imprisonment for five years coupled with a fine of Rs.1,000/- each and in default, to suffer simple imprisonment for one month.

(3.) IN support of his contention, Mr. Chakrabory relied on the following decisions :