PRAFULLA SAMADDER Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Appeals are directed against the judgment and order dated 23.12.2014 passed by the learned Additional Sessions Judge, Fast Track Court - I, Islampur, Uttar Dinajpur, in Sessions case no. 86 of 2013 (sessions trial No. 60 of 2013) 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 each and to pay fine of Rs.50,000/- each, in default, to undergo rigorous imprisonment for six months more.

(2.) The prosecution case as alleged against the appellants is to the effect that on 21.3.2011 the victim, a student who had been promoted to class VIII, had gone to Dalkhola to purchase books. On her way back home she met one Dablu, brother in law of her elder sister Tapsi near Dalkhola bus stand. At the crossing of Dalkhola rail gate they met Mololy Bain (PW 5) and Bikash Nag (PW 8). The aforesaid persons telephoned Sujan, son of appellant no. 1 to come to Dalkhola. In the meantime Milon Acharya (PW 4) also summoned to the spot. Thereafter, they proceeded for her residence. She was riding the motor cycle driven by Moloy while Dablu was in the motor cycle of Sujan. When they reached Shikarpur, she found appellant Satyaranjan Biswas. The said appellant and Sujan, son of the Satyaranjan, assaulted Dablu. Thereafter, she was taken by Satyaranjan in a vehicle driven by Prafulla Samader to Kamalpur. They stopped at Surjapur hotel where she was forced to consume wine. Thereafter, she was taken to a crematorium at Doomuria where she was forcibly raped firstly by Satyaranjan and thereafter by Prafulla Samadder, driver of the vehicle. When she started shouting she was threatened that her family members would be killed and their house would be burnt. She was rescued by a police officer. Out of fear she kept mum. When she reached home she disclosed the incident to her parents. Village salish was called over the matter. As no steps were taken against the miscreants, she lodged FIR resulting in registration of Chakulia PS case no. 77 of 2011 dated 25.3.2011 under section 376 (2)(g) IPC. In conclusion of investigation, charge-sheet was filed in the instant case and the case, being a sessions triable one, was committed to the Court of Sessions and transferred to the Court of the Additional Sessions Judge, Fast Track Court - I, Islampur, Uttar Dinajpur for trial and disposal.

(3.) Charge was framed under Section 376 (2)(g) of the Indian Penal Code against the appellants. They pleaded not guilty and claimed to be tried.