UJJAL SARKAR Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Appeals are directed against judgment and order dtd. 18/12/2017 and 20/12/2017 passed by learned Additional District and Sessions Judge, Fast Track Court, Tamluk-I, Bongaon, North 24-Parganas in Sessions Trial No.2(4)/2012 arising out Sessions Case No. 06(11)/2011 convicting the appellants for commission of offence punishable under Sec. 376(2)(g) of the Indian Penal Code and sentencing them to suffer rigorous imprisonment for fifteen years and to pay a fine of Rs.25,000.00 each, in default, to suffer rigorous imprisonment for one year more.

(2.) Prosecution case as alleged against the appellants is to the effect that the survivor is a married lady whose husband used to work in Dubai. On the fateful day i.e. 28/4/2010, her mother-in-law had gone to a relation's house. She was alone with her five-year old daughter. At night around 9:00/10:00 P.M. she put her daughter to sleep. She went out to tie the calf at the cowshed and entered the house. Thereafter, she had a bath and was about to lock the main door when Lankeswar Sarkar and Nirmal Sarkar forcibly barged into the room. Lankeswar gagged her mouth and made her lie on the ground inside the room and told Nirmal to do whatever he wanted. Thereafter, they disrobed her. She was only wearing a petty coat. First Nirmal raped her and thereafter, Lankeswar also raped her. The accuseds told her to keep quiet otherwise she would be killed. Out of fear, she kept quiet. After the incident, Lankeswar left the room.

(3.) She somehow ran out of the room and found Ujjal was outside the door. Ujjal caught hold of her and tore her petty coat and threw it in the courtyard. He tried to assault her. As a result, she again entered the room.