- (1.) BACKDROP THAT REVEALED FROM THE COMPLAINT AS ALSO THE EVIDENCE: 1. On March 11, 2001 Radha (not real name) was proceeding to her aunt's house to attend her cousin's wedding. Prosanta, Rono and Samir stopped her on the midway and dragged her to a nearby banana bush. Samir pressed her mouth, Rono spread her legs and held them, Prosanta ravished her. They threatened Radha with dire consequence. When Radha requested them to release her she was released on the assurance that she would come back after returning the wrist watch to her sister in-law. After being free Radha came back to her own house and was weeping. By that time her parents and relatives started searching her and while searching her they met her in her own house. On being pressed and rebuked by her mother she narrated the incident. On that night they discussed among themselves. Next day early in the morning at about 6'O clock they went to the nearby Police Station and lodged a diary. At the relevant time Radha was working as a domestic help in the house of Samir Ganguly, an advocate of Barasat Court. His clerk Jayanta helped her in lodging the complaint. Jayanta scribed the complaint. Prasanta and Rono were arrested. Samir was absconding. He was ultimately apprehended on December 19, 2002.
(2.) CHARGE: All the three accused were charged with the offence committed under Section 376-G of the Indian Penal Code. They all pleaded innocence and opted to be tried.
(3.) EVIDENCE:-PW-1 (Jayanta Ghosh): Jayanta scribed the complaint. He had no personal knowledge of the incident. PW-2 (Victim): Radha was an illiterate girl. On the fateful day she went out after wearing sari for attending her cousin's wedding (Masi's son). Aunt's house was situated beside the rail line in Kadambagachi. On her way Prosanta, Samir and Rono caught her and forcibly took her to banana clump. She shouted for help. However they overpowered her. Her mouth was closed. Prosanta raped her with the help of Rono and Samir. After Prosanta ravished her she was about to go to her aunt's house when the accused forced her to put off her sleeper, ear ring and chain and threatened her with dire consequence. They asked her to return within a gap of ten minutes. She admitted that her house was surrounded by hundred odd houses. She admitted to have stated to Police that after wearing sari she was about to cross the entrance door of her house when she was captured by the accused. She however clarified that the reality was, she was captured on her way to her aunt's house. She received bleeding injury while trying to save herself from their clutches. However her wearing apparels were not torn. On the following day at about 6 a.m. she reached the Police Station and lodged the complaint. Her family members were supporters of one political party whereas the accused persons belonged to different political party. She was unable to give the exact date of the incident. PW-3 (Gita Das): The witness was the mother of Radha. She was a post occurrence witness. She corroborated what Radha had said in her evidence. She added that Radha was untraced. She could be found at about 10.30/11 p.m. She was then weeping. She divulged the incident to the witness and her husband, her uncle and aunt. The witness found bleeding injury on her person, however the wearing apparels were not torn. The banana bush belonged to one Vivek. PW-4 (Ajit Kumar Payra): The witness was the Sub-Inspector of the Police, then posted at Barasat Police Station. he registered the FIR lodged by Radha. PW-5 (Alo Das): The witness was the aunt of the victim. She also corroborated the victim and her mother. She however did not notice any bleeding injury. She confirmed that the wearing apparels were not torn. Her husband was a supporter of Rikshaw Puller Union. Prasanta and Rono belonged to the same locality whereas Samir was staying little away from their locality. PW-6 (Sristipado Das): The witness was the father of the victim. Radha was her daughter. About three years before the date of making deposition the incident had happened. Samir, Prasanta and Rono detained Radha and forcibly took her to the banana bush. Samir covered her mouth with the help of cloth whereas Rono caught her leg, Prasanta ravished her. The witness further deposed that after commission of offence Radha requested them to let her go to deliver the watch to her sister in-law. They took her sleeper, flower and ear-ring and allowed her to go on condition that she would have to return after sometime. Radha reached her house and broke down with tears. They were then in the said house searching Radha. Radha narrated her plight when her mother was about to beat her for not attending the marriage house. Such narration was made in presence of Gita, Renuka and Suklal. The witness clarified that the victim group and the accused group initially belonged to one political party, however after the incident they parted with. The witness also deposed that initially Radha persuaded them to leave the house for the marriage ceremony assuring them that she would go little later after dressing her up. PW-7 (Suklal Das): The witness was the uncle of Radha. He also corroborated the victim, as also the post occurrence witnesses discussed above. He was a supporter CITU. He stated to Police that Prasanta gave feast blow twice on the person of Radha before the incident. He also told the Police that Radha told them that she would attend the marriage house after wearing sari and dressing her up. PW-8 (Amit Chakraborty): The witness was the Judicial Officer before whom Radha made her statement under Section 164 of the Criminal Procedure Code. PW-9 (Brojo Kishore Saha): The witness was the Superintendent of Barasat District Hospital. He examined the accused Prosanta. He did not find any injury on his person. He certified that Prosanta was potent. He also examined Samir who was also found to be potent. Samir also did not have any injury on his person. PW-10 (Dr. Himadri Shekhar Sanyal): The witness examined Rono who was found to be potent and did not have any injury on his person. PW-11 (Jaya Chatterjee): The witness was the lady Officer posted at the Police Station. She took up the investigation. She seized the wearing apparel of Radha. She arrested the accused persons except Samir. Initially, the accused persons were absconding. She could apprehend Prosanto and Rono. Samir was then absconding. Last raid, she conducted before her transfer to other Police Station, was on July 10, 2001. On July 31, 2001 she handed over change to her successor. In cross-examination she admitted not having sent the seized articles for chemical examination. Despite her best effort she could not collect statement of the neighbours. PW-12 (Dr. Sukumar Chatterjee): Dr. Sukumar Chatterjee, examined Radha on March 13, 2001. On examination he found her hymen raptured, may be due to rape committed upon her. According to him, if the victim would take proper bath there might not be any foreign body available. On examination her vaginal canal was found to be small. Rapture could be caused by actual or attempted penetration. The witness further deposed that forcible intercourse might not give birth to any injury. PW-13 (Paritosh Kr. Ghosh): The witness was the Sub-Inspector of Police, subsequently took charge of the investigation. On December 19, 2002 he arrested Samir. He collected Report of medical examination of Samir. The victim was fourteen years old as disclosed to him. PW-14 (Sarbani Roy): The witness was the lady Police Officer who conducted several raids for apprehension of Samir but failed. She conducted last raid on December 25, 2001. The witness was the Investigating Officer in between PW-11 and PW-13;