GOPESHWAR MAHATO Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The fact of the case is Bhadu Das, the defacto complainant, wife of late Chandi Das aged about 26 years was forcibly raped by Gopeshwar Mahato in a vacant room on the false pretext of giving job to her and against the will of the defacto complainant. After the incident defacto complainant lodged a written complaint to the Police Station. Police took up investigation of this case and after completion of investigation submitted charge sheet against Gopeshwar Mahato and Shital Das under section 376/120B I.P.C. Hence the prosecution case.

(2.) On the basis of available paper and after hearing submission of the both sides a charge under Section 376/120B was framed against the accused person to which each of them pleads not guilty and claims to be tried.

(3.) In this case from the side of the prosecution as many as 16 witnesses were examined where no witness was forthcoming from the side of the prosecution.