Bhattacharya, J. - (1.) The hearing stems from an appeal preferred by the six convicts against the judgment and order of conviction and sentence passed by the learned Assistant Sessions Judge, Burdwan in Sessions Case No. 222/83 (ST. 4/84) on 09.03.1984.
(2.) Shortly put, the prosecution case is that on 12.09.1980 at about 10.00 p.m. on way back from herpaternal house at Chandrapur within district Birbhum, the defecto-complainant alighted from the train at Bhedia Station to go to her matrimonial house at Joykrishnapur. As the accused persons who hail from her village asked herto accompany them as they were going to that village, she on good faith started with them. After proceeding for about half an hour, when they reached at Gabar Math, accused Akbar gave her an ill proposal, and on her refusal the accused persons assaulted her with fist & blows resulting in her bodily pain. Accused Akbar then forceably committed rape upon her by the side of the road followed by rape by other accused persons viz. Anisur @ Mantu, Bhelu Sk., Majai Mondal, Jalal Mondal & Gadu Sk. one by one. Akbar gagged a piece of cloth on her mouth and he as also accused Anisur threatened her with dire consequences if she discloses the incident to any other persons. They took out her cloth and caused her to wear a napkin. As she was not in a position to move, the said accused persons carried her on their shoulder and left her on the eastern side of her house. She narrated the incident to her husband, neighbours Dhiren Middya, Murari Middya & Pradhan of Barenda Gram Panchayat. Hence, all the accused persons were charged under Section 376 I.P.C.
(3.) The defence case, as suggested to P.Ws. 1, 2, & 5 is that no such incident took place. On the relevant night no train plied between Sainthia & Bhedia. There was no assault on the defacto-complainant Annabala nor she was left at the house with a napkin as her wearing apparel. The present case is the outcome of political rivalry.;