RAFIQUE MOLLA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This appeal being C.R.A. 29 of 2004 has been directed against the conviction and sentence under sections 302/34 IPC, 376(G) IPC and 201/34 IPC passed by the Additional District and Sessions Judge, 2nd First Tract Court. Alipore in connection with Sessions Trial No. 7(6) of 2002.

(2.) With the alarming rise of commission of crime against the womanhood, stringent measures are required to be taken to curb the growing menace. Lopsided investigations of cases of such a nature will encourage the wrong doers, sending wrong signal to the society.

(3.) This is a sad story of murder of a minor girl following commission of gang rape on her. The prosecution story, as disclosed in the FIR, was to the effect that on 19/11 /99 at about 5 P.M., a girl Sakila Khatun aged about 14 years only went out of her house as usual. Since she did not return by the evening, her father and other relations went out searching for her. Her whereabouts, however, could not be found despite search being conducted. Nearly three days thereafter on 22/11/1999, some children of their village found her dead body floating on the eastern bank of the pond of one Rahiul Haque Molla with her 'Orna' being tied round her neck and her wearing apparels being misplaced.