- (1.) PROSECUTION Story: on January 18, 1986 Kaberi (not real name) and Kabila (not real name) resident of the District of Baleswar, orissa came to watch a movie near Thikra More, Police Station-Mohanpur in the District of West Midnapore, West Bengal. After watching the movie they came to thikramore and were trying to find out a conveyance to go back to their respective residence. They met two boys namely Mantu and Badal being p. W. 3 and P. W. 4. The girls requested the said two boys to arrange for a conveyance for them. They got a rickshaw who demanded rs. 15. 00. The girls could not agree due to pausity of fund. When they were walking through the road the accused got hold of them and brought them to the nearby sweetmeat shop belonging to the appellant No. 2, shri Gouranga jana. They promised that they would accompany them to their respective houses. Appellant No. 1 along with one Kesto Das (died before trial) took one of the girls Kaberi to a nearby school by rickshaw. They took her to a school room. Both of them outraged her modesty and raped her one by one. The other girl Kabita was also raped by Gouranga at his sweetmeat shop. Early in the morning on the next day both of them were released and they went back to their respective houses. Out of fear and shy they did not divulge the incident to anyone before police interrogated them. As per the boys, the accused detained them for sometime and thereafter released them threatening them with dire consequence. They went to the house of one of their relatives at Katabani where they stayed at the night. Next day morning when they came out from the house of the relative they found both the girls loytering on the road. They arranged conveyance for them and left for their respective places. Complaint:
(2.) AFTER about eight days the local CPI (M) leader Bhabesh chandra gantait came back from Midnapore after party work. He came to know from one Kanai Naitha of Tikhramore and Hemanta senapati of Kabra about the incident. After coming to know of the incident he lodged a complaint with the Police Station on January 24, 1986. In the complaint he disclosed the name of the accused being Shri jhantu Pradhan, gouranga Jana and Kesto Das. In his complaint he assured the Police station that he would disclose the names of the boys and the girls involved the incident later on. Police Action:
(3.) THE Police arrested Gouranga and Sujit and charged them with the offence, inter alia, under Section 376 of the Indian penal Code. As per the deposition of the Investigating Officer they came to know of the incident on January 24, 1986 after receipt of the. complaint from bhabesh, Kanai identified the place of occurance. He examined Kanai and Hemanta. He arrested Gouranga on the said date. The other two accused were, however, not available. On February 7, 1986 he examined two boys involved in the incident being bada Kumar Behera and Biswanath Das. He asked the boys to produce the victim girls before him and they assured to do so. On February 9, 1986 he went to Katabani and examined Traillakya Bera in whose house the boys took shelter on the fateful night. Sujit and Kesto surrendered on february 5, 1986. On february 14, 1986 he went to Suksanda and found Kaberi. He took her to safe custody, examined her and seized her wearing apparels. On february 15, 1986 he seized the rickshaw belonging to keshto. On february 15, 1986 on his prayer the concerned magistrate recorded the statement of Kaberi under Section 164 of the Code of Criminal procedure. Kaberi was also sent for medical examination. The medical report was received on March 27, 1986. On April 10, 1986 he handed over the charge to his successor after being transferred to Ramnagar police Station. On August 16, 1987 the next Investigating officer examined Kabita and recorded her statement under section 164 of the code of Criminal Procedure. On February 16,1987 investigating Officer submitted charge-sheet under Sections 342, 323, 354 and 376 of the Indian Penal Code. Trial :;