KAMAKHYA PRASAD AGARWALLA Vs. STATE

JUDGEMENT

(1.) THESE are three consolidated appeals arising out of a Sessions trial held by the learned Additional Sessions Tudee, U. A. D., at Dibnurarh. Appeal No. 48(J) of 1956 has been filed from Jail by the four accused persons (1) Kamakbya Prasad Agarwalla, (2) Khitish Chandra Das, (3) Badalananda Ganguli, and (4) Siddique Mohammad. Accused Kamakhya Prasad Agarwalla has filed an appeal independently, it being Cr. Ap. No. 44 of 1936, and Badalanarida Ganguli also has filed another appeal independently, it being Cr. Ap. No. 52 of 1956.

(2.) THE prosecution story is that on the night of 8 -11 -53, three persons Nirocle Kumar Hemram, aged about 22, Roben Christian, aged about 25, and Jibon Christian, brother of Nirode, a boy of about 18, along with two minor girls, Musst. Ellis Merry and Musst. Prami Christian, alleged to be aged between 14 and 15, proceeded from Dangri Tea Estate to Daisa Tea Estate, a distance of about ten miles, to attend certain cinema show, possibly an open performance, it being the night of the Kali Puja. P. Ws. Nirode and Jibon, along with the two girls, came from Dangri, and Roben Christian, who used to live in Talp Tea Estate and claims to be their relation, accompanied them, and the party readied Daisa T. E. by bus by about 8 P. M. in the evening.

(3.) THE Police, however, sent up the four persons - Kamakhya Prasad Agarwalla, Kitish Chandra Das, Badalauunda Ganguli, and Siddique Mohammad, alter completion of the investigation. They were committed to the Court of Session for trial under charges of kidnapping for immoral purpose (S. 366, I.P.C.) and rape (S. 376, I. P. C.). It was alleged in course of the evidence that Kumakhya Prasad and Badalananda had raped Musst. Premi Christian and Siddique and Khitish had raped Musst. Ellis Merry, in both cases against their will and consent and by show of force.