CHAPU BAGDI Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) THE accused Chapu Bagdi, son of Shri Nanda Bagdi and the accused Sone Bagdi, son of late Purna Bagdi, both of Dharapara in the district of Burdwan were charged by the police with offence punishable under Section 376 (2) (G) read with Section 506 of the Indian Penal Code on the basis of a first information report lodged by Shrimati Champa Mondal, wife of Shri Palan Mondan of Dharapara in the District of Burdwan, on 13th december, 1993 of 16. 25 hours. The accused persons were however charged by the learned Trial Judge under Section 376 of the Indian Penal code and convicted and sanctioned to suffer 10 years rigorous imprisonment and to pay fine Rs. 1,000/- each and in default to suffer further six months rigorous imprisonment by an order dated 24th June, 1999.

(2.) THE convicted persons have come up in appeal. The appeal being c. R. A. No. 217 of 1999 was admitted by an order dated 27th July, 1999 by a Division Bench of this Court. A further appeal being C. R. A. No. 370 of 2000 also filed against the selfsame judgment by both the convicts was admitted by an order dated 4th December, 2000. An application for suspension of the sentence was rejected on 3rd August, 1999. In the subsequent appeal an application for suspension of sentence made by the appellants was rejected by an order dated 23rd February, 2001. A still further application for suspension of sentence made by the appellants was rejected by an order dated 14th September, 2001.

(3.) THE case of the prosecution as would appear from the first information report is that on 12th December, 1993 at about 10. 30 p. m. in the night the prosecutrix, daughter of Palan and Champa Mondal, aged about 14 years, while she was returning home, from a video show held at the local Bishahari Club on the occasion of the Annapurna Puja, was intercepted by Chapu. He gagged her by a thin gamcha belonging to the prosecutrix herself and at a knife point she was taken to Manasatala where she was raped forcibly. Chapu thereafter brought the victim to the nearby primary school and handed her over to Sone. He again gagged and led her towards the crematorium and took her to a room (chalaghar) in the burning ghat and raped her forcibly. She was thereafter released near the primary school. Soon thereafter she met her brother Ajit. She narrated the entire ' incident to her brother. After the brother and sister had reached home the parents were told about the incident. The accused persons were caught by the local residents including the brother. It was decided that a Salish would take place on the next day. No Salish was however held and accordingly an FIR was lodged on 13th December, 1993 at 15. 45 hours at the Ghuskura police Camp of the Aaoushgram Police Station. The said police station recorded the FIR at 16. 25 hours and on the basis of the FIR an investigation was started.