AJOY BISWAS Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) By these appeals the appellants have challenged the judgment of conviction dated 23.12.2010 and order of sentence dated 03.01.2011 passed by the learned Additional Sessions Judge, Fast Track, First Court, Kalyani, Nadia in Sessions Trial No. (S.T. No.) II (Dec) 10, corresponding to Sessions Case No. 13(10)10, convicting the appellant, Shri Ajoy Biswas to suffer rigorous imprisonment for a period of 10 years for committing offence under Section 376 of the Indian Penal Code subject to the provisions of Section 428 Cr.P.C. and to pay a fine of Rs.1000/- in default to suffer simple imprisonment for one month and directing the other appellants namely, convicts Bhola @ Biswajit Das, Dipankar Roy and Raj Kamal Golder (now dead) to suffer simple imprisonment for four years and six months subject to the provision of Section 428 Cr.P.C. and to pay a fine of Rs.500/- each in default to suffer simple imprisonment for further one month.

(2.) All the above mentioned appeals arose from a single and common FIR (Exbt. 1) registered on the basis of the written complaint filed by Kaveri Das on 30th July, 2007 from which Sessions Trial case No. II (Dec.) 10 corresponding to Sessions Case No. 13(10)10 arose and were decided by the learned Court below analogously since common questions of law and facts are involved. Written complaint disclosed that the alleged offence was committed by Ajoy Biswas on 29.07.2007 in the evening at about 06.30 pm at the house of Ajoy Biswas. It is complained that on 29.07.2007 at 06.30 pm some boys of the neighbourhood called the de facto complainant at the house of Ajoy Biswas, accused in CRA No. 90 of 2011 and where she was intoxicated through some drinks and thereafter, she was physically tortured and raped by Ajoy Biswas. It is the specific allegation that friends of Ajoy extended cooperation to the alleged commission of the offence of rape on the complainant. Ajoy Biswas has filed this appeal being C.R.A. No. 90 of 2011 against the order of conviction and sentence similarly two other appeals being C.R.A. No. 89 of 2011 & C.R.A. No. 59 of 2011 were also filed by Bhola Das, Dipankar Roy and Raj Kamal Golder respectively. During pendency of the appeal filed before this Court Raj Kamal Golder died. Since identical questions and facts of law are involved in all these appeals they are taken up together for the sake of convenience.

(3.) The complaint dated 30th July, 2007 was received by the P.S. on 30 July, 2007 at 18.15 hours while the occurrence disclosed to be on 29th July, 2007 at about 18.30 hours which was a Sunday. FIR was registered under Section 376/120B IPC against accused (1) Ajoy Biswas; (2) Bhola Das; (3) Dipankar Roy and (4) Raj Kamal Golder.