- (1.) This appeal is directed against a judgment dated 18th June, 2008 passed by the learned Additional District and Sessions Judge, Fast Track Court-4, Gangarampore at Buniadpore, District- Dakshin Dinajpore in Sessions Case No. 180 of 2007 connected with Sessions Trial Case No. 27 of 2007 ( State of West Bengal Vs. Gour Mondal and two others) by which the learned Trial Court convicted all the three accused persons of an offence punishable under Sections 366, 368 read with Section 34 of the Indian Penal Code. The accused Gour Mondal was alone additionally convicted under Section 376 of the Indian Penal Code. By an order dated 23rd June, 2008 all the three convicts were sentenced to 2 rigorous imprisonment for 10 years each as also to pay fine of Rs. 5,000/- each, in default to suffer further rigorous imprisonment of years for the offence punishable under Section 366 read with Section 34 of the Indian Penal Code. They were also sentenced to rigorous imprisonment for 10 years each as also to pay fine of Rs. 5,000/-, in default to suffer further rigorous imprisonment for 2 years for the offence punishable under Section 368 read with Section 34 of the Indian Penal Code. The convict Gour Mondal was further sentenced to suffer rigorous imprisonment for 10 years as also to pay fine of Rs. 5,000/-, in default to suffer further rigorous imprisonment for 2 years for the offence punishable under Section 376 of the Indian Penal Code. All the sentences were however directed to run concurrently.
(2.) The convicts Sukumar and Rabi have preferred the present appeal.
(3.) The facts and circumstances of the case briefly stated are as follows: The prosecutrix is the daughter of Sachin. The appellant No.1 Sukumar is Sachin's sister's husband. The appellant No.2 Rabi is the son-in-law of the said Sukumar. The appellants accompanied by Gouranga Mondal @ Gour Mondal called at the house of Sachin on 12th November, 2006 and they stayed there during the night. In the morning of 13th November, 2006 these three persons took away the prosecutrix ostensibly for the purpose of buying jewellery for her. They did not thereafter come back. A missing diary was lodged on 17th November, 2006 which was registered as G.D entry no. 1399. On 13th November 2006 the prosecutrix was taken by all the three accused persons to the shop of a jeweller but no jewellery was, in fact, purchased. She thereafter was taken to a tea stall where a cup of tea was given to her. She thereafter became senseless and regained her sense only at the house of Sukumar. In the house of Sukumar she was made over to Gouranga. The said Gouranga took her from place to place. He also applied vermilion on her head and a pair of conch in her hands which are signs of a married woman and raped her several times against her will. Ultimately, she met one Kesto, a friend of her cousin, at Malda railway station. Through that Kesto she contacted her cousin Sushanto over cellular phone and narrated the story. Based on the advice rendered by Sushanto the accused Gouranga was duped into believing that the parents of the prosecutrix were willing to accept the marriage and he was invited to attend the boubhat of the said Sushanto. The unsuspecting Gouranga accompanied by the victim attended. Thereafter another diary dated 31st January 2007 was lodged registered as G.D entry no. 1899. Acting thererupon the police reached the house of Sushanto and arrested the accused Gourango. Thereafter a written complaint dated 31st January, 2007 was lodged. The evidence of the prosecutrix in that regard reads as follows : " About eight & half months before the incident took place. On 12.11.2006 accused Sukumar Sarkar, Rabi Saha and Gour Mondal came to our house. Accused Rabi Saha is son-in-law of accused Sukumar Sarkar. Accused Gour Mondal is friend of accused Rabi Saha. They came in the afternoon and stayed in the night at our house. After taking puff-rice and tea I was being taken by the accused persons to market. Accused Sukumar Sarkar disclosed to purchase gold ornaments for me. So, all the accused persons accompanying with me went to Gangarampur Bazar. I was given tea then I became senseless subsequently I was taken by the accused persons but I cannot say exactly where I was being taken. I regained my sense in the house of accused Sukumar Sarkar. Accused Sukumar Sarkar and Rabi Saha handed over me to accused Gour Mondal. I was being directed to accompany with Gour Mondal. I was being take to Baharampur, Kerishnanagar and other places. I was being kept in different houses on different dates. Accused Gour Mondal remained with me. Accused forcibly put vermilion on my head and kaunch at my hands. Accused Gour Mondal along with myself remained in hotel and house. I was being raped by accused Gour Mondal on different dates at different places. Subsequently I was being taken to Malda by accused Gour Mondal. Kesto being friend of my cousin brother Sushanta, met with me, there was meeting of Kesto being friend of my cousin brother Sushanta with me. He was a taxi driver. There was meeting with me at Malda railway station. I talked with Sushanta over the mobile of Kesto. Sushanta when made conversation over telephone advised me to make Gour understand and to bring him by managing him. Phone was being given to accused Gour Mondal. It was assured by Sushanta that marriage of Gour Mondal with victim Bandana would be recognized. On 31.01.2007 accused Gour Mondal with myself came to house of my maternal uncle. At Patgola, Sushanta gave information on arrival of ourselves at Patgola to my parents. Then my parents came to Patgola I have narrated the incident in details to my parents. Para people of Patgola came to my maternal uncle's house. They have listened the incidents narrated by me. I can not say as to who made telephonic complaint at Gangarampur P.S. myself and accuse Gour Mondal were taken to Gangarampur P.S. by police officer. My parents subsequently went to Gangarampur P.S. I was being examined by police officer on that day. Subsequently I was being examined by police officer. On the following day I was being referred to Ld. A.C.J.M., for recording statement under Section 164 Cr.P.C. I have narrated the incident in details to Ld. Magistrate regarding my statement under Section 164 Cr.P.C. My statement was duly recorded by Ld. Judicial Magistrate. Buniadpur Court. Contents of the Statement was read over and explained to me by Ld. Judicial Magistrate. Then I have signed on each and every page of the statement recorded by Ld. Judicial Magistrate. These are my signature appearing on the statement under Section 164 Cr. P.C. marke3d Ext-2 series. I was being referred to Gangarampur SubDivisional Hospital for medical examination & report. Also I narrated the incident to the attending doctor of Gangarampur S.D.Hospita. I read upto Class-IV, at Gangarampur Dakshin Dinajpur Primary School. Accused persons are present on dock and identified".;