BABLU SARKAR Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The appeals are directed against judgment and order dated 27.2.2013 passed by learned Sessions Judge, Dakshin Dinajpur at Balurghat in Sessions Case No.204 of 2012 arising out of Sessions Trial No.74 of 2012 convicting the appellants for commission of offence punishable under Section 376(2)(g) of the Indian Penal Code and sentencing them to suffer rigorous imprisonment for life and to pay a fine of Rs.10,000/-, in default to suffer rigorous imprisonment for six months more.

(2.) The prosecution case, as alleged, against the appellants is to the effect that on 9.3.2012 around 11.00 a.m. the victim aged about 17 years had gone out to bring back a cow which had been tethered for grazing. When she went to the spot, she could not find the cow. She proceeded further and upon coming near a canal she found the cow. While she was untying the rope of the cattle, the appellants, namely, Bablu Sarkar and Liton @ Ajabul Sarkar caught hold of her. They removed her wearing apparels and laid her in the ditch and Liton committed rape on her while Bablu hold her hands. She suffered bleeding injuries and upon returning home reported the incident to her mother. Subsequently when her father returned home, he was apprised of the incident and he lodged written complaint with the police station resulting in registration of Tapan P.S. Case No. 79 of 2012 dated 9.3.2012 under Sections 376/109 of the Indian Penal Code against the appellants.

(3.) In the course of investigation, the victim was medically treated and her statement was recorded under Section 164 Cr.P.C. In conclusion of investigation charge sheet was filed against the appellants and the case was committed to the Court of Sessions for trial and disposal.