AJIT BARMAN Vs. STATE

JUDGEMENT

(1.) These two appeals bearing Nos. C.R.A. 284 of 2005 and C.R.A. 380 of 2005 are directed against the judgment of conviction and sentence passed by learned Additional Sessions Judge, Cooch Behar in Sessions Trial No. 3(12) of 2004 corresponding to Sessions Case No. 162 of 2003 convicting six accused persons and sentencing them to suffer R.I. for 10 years each with a fine of Rs. 5,000/- each in default R.I. for six months under Section 376(2)(g) of the Indian Penal Code and further sentencing them to suffer R.I. for one year and to pay a fine of Rs. 1,000/- each in default R.I. for two months each under Section 448 of the Indian Penal Code with the direction that both the sentences will run concurrently. Being aggrieved by the aforesaid judgment of conviction and sentence passed by the learned Additional Sessions Judge, Cooch Behar, four convicts viz. Ajit Barman, Khirod Barman, Sashi Mohan Barman and Chamiruddin alias Kyalsa have preferred the appeal bearing No. C.R.A. No. 284 of 2005 and convict Samaranjan Mallick has preferred appeal bearing No. C.R.A. 380 of 2005. Out of six, five convicts have preferred the appeals and the remaining convict Mrinal Das has not preferred any appeal.

(2.) The victim Runu Roy (Das) wife of Shri Jiban Das of village Chheramari, District Cooch Behar lodged the complaint with the O.C. Choksadanga P. S. Alleging that on 22.02.2003 while her husband had been staying outside for his work for a long period and her mother-in-law having gone to her father's house and the victim being alone with her baby in her house, at about 1.00 a.m., when she opened the door to attend the nature's call, suddenly someone pressed her mouth with a piece of cloth and showing sword threatened to chop her throat if she cried out. They took her on the cot and laid her thereon. The victim found a gang of people and being frightened she could not shout or resist. There were 8/9 persons in the gang and they pressed her mouth with a piece of cloth. Four of them viz. Sam and Sashi held her hands and Kshirod and Kyalsa held her legs tight. Then they raped her. She lost her consciousness. So long she had her senses, she recognized three of them who committed rape upon her. She could not say how many of them committed rape upon her after she lost her consciousness. At the time of incident there was a lamp (kupi) in her room. On hearing the voice of those persons she could recognize some of them. The three persons whom she saw to commit rape upon her were (1) Ajit Barman, (2) Chhamiruddin Mia (Kyalsa), (3) Samaranjan Mallick. Besides there were Kshirod Barman, Sashi Mohan Barman and Mrinal Das whom she could recognize in her room.

(3.) After the lodging of the F.I.R., the investigation was started and after completion of investigation, charge-sheet was submitted. The learned Trial Judge framed charges under Sections 376(2)(g) and 448 of the I.P.C. against the accused persons who pleaded not guilty and claimed for trial.