GOPAL SARKAR Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) In the early hours of 14th March, 2015 a daring dacoity at a convent school in Ranaghat and brutal rape of one of the nuns in the convent sent shockwaves throughout the society. Principal of the convent P.W. 4, Sister P. Mary Santhi, lodged written complaint with the police alleging between 2 a.m. and 4 a.m. on 14/3/2015 some unknown miscreants had broken into the convent, committed dacoity and raped one of the nuns (P.W. 3). CCTV camera installed in the premises, had captured the faces of the intruders. The miscreants were six in number. At first they broke into the room of P.W. 3, tied her up and took away valuables from her cupboard. Thereafter, they went to the room of the de facto complainant and took away gold rings, camera, laptop, mobile phones etc. After tying the sisters and the night guard the miscreants again entered the room of P.W. 3, raped her and locked her in the room. They ransacked the principal's office, computer lab, staff room and took away rupees six lakhs, gold chain and other valuables from the convent. On receiving information from Sister P. Mary Santhi (P.W. 4), police arrived. On written complaint of P.W. 4, Gangnapur P.S. case no. 38/15 dated 14.03.2015 under section 395 / 397 / 376 / 212 / 216A / 120B IPC was registered for investigation. In the course of investigation the appellant and four other accused persons, namely, Md. Selim Sk., Khaledur Rahaman @ Mintu @ Farukh @ Khalek, Ohidul Islam @ Babu and Milan Kumar Sarkar were arrested. Accused persons other than the appellant were identified in the TI Parade and confessional statements of the appellant, Khaledur, Ohidul and Milan were recorded before Magistrate.

(2.) In conclusion of investigation, charge-sheet was filed against the accused persons including one Nazrul Islam @ Nazu, absconding accused. Subsequently, upon his arrest and identification in the course of further investigation, a supplementary charge-sheet was filed. Charges were framed against all the accused persons under sections 120B , 324 / 34 , 354 / 34 , 354A / 34 , 392 / 34 , 395 / 34 , 397 / 34 and 376D of Indian Penal Code and in addition separate charge was framed against Nazrul Islam under section 376D of Indian Penal Code and against the appellant Gopal Sarkar under section 212 / 216A of the Indian Penal Code.

(3.) The appellants pleaded not guilty and claimed to be tried. In the course of trial, prosecution examined 42 witnesses including the victim, P.W.3. A number of documentary and material exhibits including confessional statements of the appellant (Ext. 48) and that of accused Ohidul Islam (Ext. 46), accused Milan (Ext. 47) and accused Khaledur (Ext. 49) were produced in Court.