SANATAN BAHAR Vs. STATE

JUDGEMENT

(1.) The twelve appellants in these three appeals were placed on trial before the learned Additional Sessions Judge, 7th Court, Alipore to answer the following common charge :

(2.) The prosecution case, briefly stated, is as follows:- In 1982, Sri Ashoke Maity (P. W. 33), a school teacher by profession used to reside in village Manmathapur within the police station of Kakdwjp. In the month of Feb. that year he left for South India on an educational tour leaving behind his wife Janaki Maity (P. W. 3) and three minor daughters - Nandita, aged about 8 years (P. W. 6), Sangita, aged about 6 years, and Tuli aged about 9 months in the house. In the night between 25.2.82 and 26.2.82, at or about 12-30 a. m. the appellants along with one Indu Shaw and others raided their house armed with weapons and took away goods, including clothing's, ornaments, utensils and radio. After committing the dacoity, they tried to forcibly take out Janaki and her three minor daughters from the house. When Janaki resisted such attempt she was severely beaten up and overpowered by the miscreants who dragged her along with her three daughters out of the house forcibly. After bringing her out of the house the miscreants took her to a river dam and there two of them committed rape on her. Thereafter the miscreants carried her and her three children to a mechanised boat locally known as Bhut Bhuti, which was anchoring in the nearby Banstolla river, and tied her hands and legs. The boat then started moving under the orders of Indu Shaw. While on the boat Janakt's youngest daughter Tuli started on crying and failing to console her one of the miscreants threw her into the river. On seeing her daughter's doom, Janaki burst into tears but the miscreants silenced her by mercilessly beating her with fists and blows. Ultimately Janaki with her two daughters were dropped and abandoned by the miscreants in a mire, which was at a distance of about 80 cubits from the river bank. Janaki with great difficulty reached the bank of the river with her two daughters. While on the bank she noticed a dim light burning at a distance. They proceeded in that direction and ultimately reached the house where the light was burning. They then started shouting and hearing their piteous calls the house owner Anil Kumar Panda (P. W. 7) opined the door and saw their plight. Janaki reported the incident to him and his wife, who gave them shelter. While in their house Janaki learnt that they had landed in village Durbachati. Immediately it came to Janaki's mind that Gurupada Das, an acquaintance of her husband lived in that village, and she requested Anil Panda to send a message to him. Goutam Panda (P. W. 9), son of Anil Panda carried the message to Gurupada who came to the house of Anil Panda and Janaki told him about her distress. Gurupada then took her and her two children to Kakdwip Police Station where she narrated the incident. On that narration a case was registered against Indu Bhusan Shaw and others and in course of investigation nine of the appellants could be arrested. Ultimately on completion of investigation police submitted charge sheet against the twelve appellants and others, showing the appellants Nemat Sarder, Batul Sarder and Uraukanta Maity as absconding. Later on those three appellants appeared in court and all the twelve appellants were tried together.

(3.) The appellants pleaded not guilty to the charges levelled against them and contended that the entire prosecution case was untrue and that they were falsely implicated.