Joymalya Bagchi, J. - (1.) A brutal sexual reprisal of a tribal girl whose only fault was to choose a life partner from a different religion is the factual matrix of the present case.
(2.) The victim (P.W. 1) had fallen in love with one Khaleque Sk.(P.W. 8) under whom she was working as a daily labourer. On the fateful day Khaleque had visited her residence in the absence of her mother who had gone out to visit a relation. Both of them were having tea when appellant no. 1 intervened and challenged their relationship on the ground that Khaleque belonged to a different religion. They were dragged out of the house and taken to the residence of village 'Morol' Balai Maddi (Appellant no.2) and tied with a rope to a palm tree. Appellant no. 12 Debraj Mondal took photographs of the incident. Brothers of the victim came to the spot. Ransom was demanded from them which they could not pay. Balai Maddi asked them to come on the next day to attend the trial and the couple was detained for the night. At night the victim was shifted to the kitchen of Balai Maddi which was situated outside his house. Balai told the other appellants to enjoy the victim as her brother would not be able to pay the fine. From 11.30 p.m. to 4 a.m. she was raped by the appellants one after another. Subsequently, brothers of the victim and Khaleque arrived and the kangaroo court commenced. Rs. 3,50,000/- was demanded from Khaleque and Rs. 3,00,000/- was demanded from the victim which they were unable to pay. Brothers of the victim offered Rs. 3,000/-only. Finally, both of them were released. The victim returned to her residence along with her brother, Shital (P.W 6). Later on, she informed the incident to her sister in law, Savitri (P.W 4) and mother Rashmoni (P.W 7). Shital was also informed of the incident of rape and on the next day the victim lodged an FIR against the appellants resulting in registration of Labpur P.S case no. 14/14 dated 22.1.2014 under sections 341/376D/506 IPC. In the course of investigation incriminating articles were seized. Upon intervention from superior authorities, the appellants were arrested and put up for T.I parade examination. Khaleque identified the appellant nos. 7 and 13, namely Sunil Kisku and Debraj Mondal during such examination. Camera used by Debraj to take photographs was seized and sent along with other articles for CFSL examination.
(3.) In conclusion of investigation, charge-sheet was filed against the appellants and the case, being a sessions triable one, was committed to the Court of Sessions and transferred to the Court of the Additional Sessions Judge, Bolpur Birbhum for trial and disposal.;