- (1.) TITIN Kar alias Tatan alias Sujay, Tarak Sarkar, sreedam alias Sudam Dey, Subir Das, Ashok das, Hari Ambuli, Nanigopal Das and Sanjib alias Sanjay Sil were charged under Section 376 (G) of the Indian Penal Code by the learned Additional Session Judge, Second court, Nadia. Hari Ambuli was charged in addition under Section 379 of the Indian penal Code. Similarly Sanjib alias Sanjay Sil was charged, in addition thereto, under Section 323 of the Indian Penal Code. All the accused persons have been convicted by an order dated 29th May 1998 under Section 376 (G) of the Indian Penal Code. Sanjib alias sanjay Sil was also convicted under Section 323. By an order dated 30th May 1998 all the convicts were sentenced to suffer rigorous imprisonment for a period of 10 years. The convict Sanjib alias Sanjay Sil was sentenced in addition to pay fine of Rs. 1. OOO/-for the offence under Section 323 of the Indian Penal Code and in default to undergo simple imprisonment for further six months. The convicts have come up in appeal.
(2.) BRIEFLY stated the case of the prosecution is as follows : on 20th December 1990, in the night, at about 8. 45 p. m. , the prosecutrix, a married woman got down from a train at taherpur and was proceeding towards her parent's house at Birnagar Palit Para. She noticed a group of boys. Subir of Uttarpara was one of them. He called her out. When she proceeded towards Subir another boy covered her face and eyes with a wrapper. She was dragged into a field near Uttar Palit para. Her face was uncovered. She was laid flatly on the cultivated land. Her blouse was torn. She had Rs. 300/- with her which was snatched. Titin Kar, first of all, raped her in spite of resistance. Rest of the accused persons followed Titin. Besides the accused persons 4/5 others also raped her. All of them were the residents of Uttar Palit Para. Sanjib had also assaulted her with a wooden stick and threatened her with dire consequences. One Bachhu Sarkar, son of Nirmal sarkar had witnessed the incident. Bachhu escorted the prosecutrix home at about 2/ 2. 30 a. m.
(3.) MANY a points have been advanced for our consideration which we shall consider after we have examined as to how far has the prosecution been able to bring home the charges against the accused persons.;