Y BIJOY BHASKAR Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The appeal is directed against the judgment and order dated 6.8.2013 and 7.8.2013 passed by learned Additional Sessions Judge, 1st Court, Paschim Medinipur, in Spl. TR. Case No.01/13 convicting and sentencing the appellants, namely, Y. Bijoy Bhaskar, Somnath alias Papai Chakraborty, Kalidas Pattanayek, Goutam alias Huna Das and B. Praveen Kumar as follows:- for the offence punishable under section 376(2)(g) of the Indian Penal Code (for short 'I.P.C.') and to suffer rigorous imprisonment for life each and to pay a fine of Rs.2000 each, in default to suffer rigorous imprisonment for two months more, for the offence punishable under section 366/34 of I.P.C. and to suffer rigorous imprisonment for seven years each and pay a fine of Rs.2000 each, in default to suffer rigorous imprisonment for further two months each, for the offence punishable under section 325/34 of I.P.C. and sentencing them to suffer rigorous imprisonment for five years each and pay a fine of Rs.2000 each, in default to suffer rigorous imprisonment for another two months and for the commission of offence punishable under section 3(1)(XI) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act [for short 'S.C. & S.T. Act'] and to suffer rigorous imprisonment for two years each and pay a fine of Rs.2000 each, in default to suffer rigorous imprisonment for one month more. All the sentences are to run concurrently.

(2.) The prosecution case, as alleged against the appellants, is to the effect on 8.9.2012 one Smeli Majhi (P.W.9) informed de facto complainant Raghunath Murmu (P.W.1) that Rahul Prasad Sonar (P.W.3), a friend of his daughter informed her that his daughter had been kidnapped by seven-eight miscreants. Hearing this news the de facto complainant went to the house of a friend of his daughter but could not find her. Subsequently, his daughter was found lying in front of a neighbour's house and was shifted to Kharagpur Railway Hospital for her treatment. Subsequently, he came to know from her daughter that while she, along with Rahul Prasad Sonar was returning through an open field near Arya Vidhyapith, seven-eight miscreants came on motorcycles and obstructed them. They drove away Rahul Prasad Sonar and abducted her to a lonely spot where she was assaulted and raped. The miscreants took her back to the spot from where they had abducted her and again brought her back to the lonely spot and raped her again. On basis of the written complaint of P.W.1 Kharagpur (Town) P.S. case No.265/12 dated 9.9.2012 under sections 376(2)(g)(f)/364/326/34 of I.P.C. and under section 3 of S.C. & S.T. Act was registered for investigation.

(3.) In the course of investigation, the appellants were arrested and identified by the victim (P.W.2) as well as Rahul Prasad Sonar (P.W.3) during Test Identification Parade (for short 'T.I. Parade'). Local witnesses, R. Pandey (P.W.15) and K. Chowdhury (P.W.16) also identified some of the appellants in the course of T.I. Parade. Victim girl was treated in various hospitals for three and a half months due to the injuries suffered by her.