GUJA ALIAS NIRANJAN MONDAL Vs. STATE

JUDGEMENT

(1.) The instant appeal being C.R.A. No. 474 of 2001 has been directed against the conviction and sentence dated 12th October, 2001 passed by the learned Additional District & Session Judge, Asansol in connection with Sessions Case No. 105 of 1994 Sessions Trial No. 44 of 2001.

(2.) This case relates to the gang rape of a middle aged woman. The incident, as recorded in the FIR and unfurled further in course of the trial, happened on 21.04.1992. It was on the evening of 21st April, 1992, the prosecutrix was heading towards her house after marketing in Begusia Market. While she was passing by the side of a small jungle, she heard the footsteps behind her back. She paused for a moment out of curiosity. In an instant three persons overtook her. Blocking her movement, those persons overpowered her. Pressing her mouth with hand, the miscreants took her well inside the jungle. They constantly assaulted her for making herquiet. Threatening herwith murder, the miscreants took off herwearing apparels. It was followed by consecutive rape on her by the three miscreants. The miscreants were contemplating of murdering her. The prosecutrix implored them to let her go with the promise not to divulge and disclose the fact to anybody else. The miscreants finally acquiesced in releasing herwith a warning that her family would be perished in the event of her disclosing the incident to others Distraught and shaken, she went back to her house. She took a bath and washed her wearing apparels. Finding her in such state of shock, her husband repeatedly asked her as to the reason for her being shaken and upset. Apprehensive of the security of her family members, the prosecutrix initially declined to divulge the facts. On repeated query from her husband, she finally divulged to her husband as to what happend on that very eventful evening. The local leaders were apprised of the incident. Still under a state of shock, the prosecutrix was reluctant to lodge any FIR against the miscreants. Finally after long gentle persuasion, she lodged the FIR against accused Guja @ Niranjan Mondal and two others.

(3.) Kulti Police Station Case No. 104 of 1992 dated 01.05.1992 under Sections 376/323/506/34 I.P.C., was instituted against Guja @ Naranjan Mondal and others on the basis of the FIR lodged by the prosecutrix herself. Acting on the statement of the prosecutrix and source information, the appellants namely Guja @ Niranjan Mondal and Nanda Mondal were arrested. Another person called Bhagirath Mondal was also arrested for his alleged involvement in the commission of gang rape. The prosecutrix and the apprehended persons were sent up for medical test. Meanwhile, prayer was made before the learned Magistrate for recording the statement of the prosecutrix under Section 164 of the Code. The apparels worm by the prosecutrix were seized and thereafter those were sent for chemical examination. Eventually, on examination of the available witnesses and collection of reports, the charge-sheet was submitted.