DHIREN GHOSH Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The appeal is directed against the judgment and order dated 14.06.2011 and 15.06.2011 passed by the learned Additional Sessions Judge, 3rd Court, Bankura in Sessions Trial no 1(8)/2003 arising out of Sessions Case no. 9(6)/2003 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 ten years each and to pay a fine of Rs. 25,000/- each, in default, to suffer further simple imprisonment for six months each and 50 per cent of the fine, if realised, be paid to the victim.

(2.) The prosecution case, as alleged, against the appellants is to the effect that on 12.10.2001 the victim, who is an Aganwadi employee, posted at Sub-divisional Health Centre at Village - Ramchandrapur at the relevant time, was proceeding on a bicycle towards her place of employment. Around 7.00 a.m. she reached Village Srirampur Barsal and as the road was muddy she kept her bicycle in the said village and proceeded on foot. When she came near a Jore, that is, a road crossing at the end of the village, the appellants who were armed with lathi and rod asked her to follow them into the field. When she refused, they threatened her. One of them gagged her and she was dragged into the field. Thereafter, Sasthi Ghosh raped her and then Dhiren Ghosh committed rape on her. She returned to her village and informed the incident to co-villagers. As elder brother of her husband was not present at the residence, she could not take steps. After he returned, she disclosed the incident to him and lodged FIR at Police Station resulting in registration of Gangajal Ghati P.S. Case No. 69 of 2001 dated 24.10.2001 under section 376(2)(g) of the Indian Penal Code.

(3.) In conclusion of investigation, charge-sheet was filed against the appellants and charge was framed under section 376(2)(g) of the Indian Penal Code. The appellants pleaded not guilty and claimed to be tried. In the course of trial prosecution examined 9 witnesses and exhibited a number of documents.