BISWANATH SARKAR Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) THIS appeal has been preferred against the judgment dated 6. 10. 2004 and order dated 7. 10. 2004 passed by the learned Additional sessions Judge, Fast Track Court, Raiganj, Uttar Dinajpur in Sessions Trial no, 6/2004 arising out of Sessions Case No. 27/2003.

(2.) BISWANATH Sarkar, son of Dwijen Sarkar and Naresh Sarkar, son of bhagirath Sarkar, both of village Hasua, were charged under Section 376 (2) (g)of the I. P. C. for committing gang rape on 9th February, 2000 at 1/1. 30 A. M. in the night upon the wife of the accused Biswanath. Biswanath was also charged under Section 498a of the I. P. C. for subjecting his wife Manju Sarkar to cruelty by inflicting both physical and mental torture. Both Biswanath and naresh were convicted by a judgment and order dated 6th October, 2004 under Section 376 (2) (g) of the I. P. C, Biswanath was also convicted under section 498a of the I. P. C. By an order dated 7th October, 2004 both Biswanath and Naresh were sentenced, to suffer rigorous imprisonment for 10 years as also to pay fine of Rs. 2,000/- each, in default, to suffer rigorous imprisonment for two years each. The convict Biswanath. was further sentenced to suffer rigorous imprisonment for one year as also to pay fine Rs. 500/- and in default to suffer further rigorous imprisonment for two months for the offence punishable under Section 498a of I. P. C. Both the convicts have now come up in appeal.

(3.) THE prosecution case briefly stated is as follows : -On 9th February, 2000 in the night at about 1/1. 30 A. M. Biswanath, the husband of the prosecutrix, entered into her room in intoxicated condition with his friend Naresh, who was also in intoxicated condition. Both of them physically tortured the prosecutrix as also raped her one after the other. She could not shout because she had been gagged by a piece of cloth in her mouth. Her clothes were torn and she became naked. They threatened her with dire consequences in the event of disclosure of the incident to anyone.