BRAJESWAR SARKAR Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) THESE appeals bearing Nos. CRA 496/2006, CRA 5921 2006, CRA 560/2006 and CRA 478/2006 are directed against the judgment of conviction and sentence passed by learned Additional Sessions Judge, First court, Jalpaiguri sentencing the appellants Adhir Sarkar, Japan Singha Sarkar and Brajeswar Sarkar to suffer rigorous imprisonment for ten years and a fine of Rs. 10,000/- each in default rigorous imprisonment for another six months under Section 376 (2) (g) of Indian Penal Code. The learned Judge, however, after assigning reason sentenced Prafulla Sarkar to suffer rigorous imprisonment for five years and a fine of Rs. 20,000/- in default to suffer rigorous imprisonment for one year. The learned Judge directed that the fine, if realised, be given to the victim for her welfare. In connection with these appeals, the crr No. 2788 of 2006 filed by the defacto-complainant for enhancement of sentence on the appellants has also been heard by consent of both sides treating the same as on days list.

(2.) THE victim girl lodged complaint with the O. C. , Dhupguri P. S. alleging that on 27. 2. 1995 at about 7. 00 P. M. she had been to the Shiba Temple at Daukimari to offer Puja. At that time the accused persons lifted her therefrom and took her to the house of the accused No. 1 and confined her therein. She was assaulted and threatened with dire consequences on the ground that she allegedly knew about the whereabouts of the daughter of one Dhiren Sarkar and the son of accused No. 1 Prafulla Sarkar. The informant, that is, the victim girl expressed her ignorance about the matter. Later on, the accused persons along with others took her to a maxi-taxi bearing No. WCCV 2335 and went to dhupguri P. S. After having conversation at the P. S. the accused persons again took her to the said maxi-taxi and started for the village. On the way to village the accused persons stopped the vehicle at the field near Kalirhat Junior High school. It was then about 1. 00 A. M. The accused No. 1 passed order to the other accused persons to do whatever they liked upon her and immediately thereafter the accused persons committed rape upon her one after another. The victim girl lost her consciousness. Under such circumstances, the accused persons towards the dawn left her at her house. The victim girl was aged 17 years at the time of alleged occurrence as mentioned in the F. I. R.

(3.) AFTER receipt of the complaint, the Dhupguri P. S. Case No. 15/95 dated 28. 2. 1995 under Sections 376 (2) (g)/120b of the Indian Penal Code was started. After completion of investigation, charge sheet was submitted.