SURESH PODDAR Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The present two appeals are directed against the judgment of conviction and sentence dated 15th September, 1988 passed by the learned Assistant Sessions Judge, Burdwan in Sessions Trial Case No. 22 of 1988 corresponding to Sessions Case No. 144 of 1987 sentencing the Appellants, namely, Suresh Poddar and Santi Bauri to suffer R.I for 8 years and to pay fine of Rs. 2,000/- I.D to suffer R.I for 1 year and to suffer R.I for 5 years and to pay fine of Rs. 500 and in default to suffer R.I for 3 months respectively for the offence under Section 376 IPC and 376/114 IPC respectively.

(2.) Prosecution case, in short, is that on 28th April 1984 at about 3 PM the victim girl Fulmani Mandi (P.W-1) boarded a bus at Burdwan for going to Memari and when the bus reached Shaktigarh, victim learnt that the bus would not go to Memari as the same was meant for Barsul and, as such, she got down from the bus at Shaktigarh. In the meantime Appellant Suresh found the victim girl standing at Shaktigarh bus stand and took her to the house of Appellant Santi Bauri. It has been alleged that Appellant Suresh committed rape upon the victim girl in the house of Santi Bauri. At about 6.30 pm two other persons along with the aforesaid Appellant Suresh forcefully took the victim girl to the nearest field and all of them, one after another, committed rape upon her and fled away. Victim sustained bleeding injuries in different portions of her body including her mouth and private parts. Thereafter the victim took shelter in the nearest rice mill of Shaktigarh wearing petticoat and blouse only and reported the incident to the manager and other employees of the said mill. The employees of the mill provided a wearing sari to the victim girl and allowed her for halting the night in the said mill. On the following day early in the morning when the victim girl was proceeding towards Memari, she suddenly happened to see a police jeep and informed the police about the incident. Police then took the victim girl to Shaktigarh and arrested both the Appellants as per her identification. Subsequently, police took the victim girl and the Appellants to Burdwan Police Station and prepared the FIR which was signed by the victim girl and was lodged with the said Police Station for taking legal action.

(3.) Upon receiving the aforesaid FIR, OC Burdwan Police Station, started Case No. 66 dated 29th April, 1984 Under Section 376/34/114 IPC against the present two Appellants and three others. The case was taken up for investigation and finally Charge Sheet under Section 376/114 IPC was submitted against the present two Appellants and three others, namely, Sk. Hara, Nur Hossain and Buta Thakur who are still absconding. Thereafter the learned Trial Judge upon hearing the learned Counsel for both the parties and also considering the materials on record framed charges under Section 376 and 376/114 IPC against the Appellants Suresh Poddar and Santi Bauri respectively. The said charges were read over and explained to the Appellants to which they pleaded not guilty and claimed to be tried.