SUDHINDRA MOHAN GUHA, J. - (1.) THE appellant was found guilty and convicted under Section 376/511 I. P. C. and sentenced to rigorous imprisonment for 5 years by Shri A.P. Bhattacharrya, the learned Assistant Sessions Judge, Nadia.
(2.) ON hearing the learned Advocates on both the sides and on going through the judgment and evidence on record we propose to accept the appeal. The prosecution case is founded on an improbable story and built up on conflicting, divergent and untrustworthy evidence. The F. I. R. Ext, 4 was lodged at 4.15 A. M. on 9 -5 -70 on the complaint, Ext. 3' of P. W. 1 Hashenara Bibi. It reveals' that she was the wife of Matabbar Rahaman, P, W. 2 and they were residents of Kajibari, Palpara, P. S. Chakdaha, Samiran, (P. W. 10) was the wife of her Bhasur Mozammal Haque, P. W. 3. Their mother -in -law Arjia Bibi (P. W. 4) also used to reside with them. The brick built house on north was purchased by one Harinarayan Banerji of Calcutta, The house generally remained vacant. But sometimes one Manik of Khos Bas Mohalla and one Narayan (Appellant) of Hamidpur used to bring some unknown persons and stay there. On 8 -5 -70 at about 11 P. M. to 11 -30 P. M. Manik and Narayan called P, Ws. 2, 3 and 4, and threatened them to hand over to police. They were armed with weapons and accompanied by two other unknown persons whose names later on transpired as Amal and Dilip. Thereafter they confined P. Ws. 2, 3 and 4 in an adjoining room and took P. Ws. 1 and 10 to another room forcibly and against their will Manik committed rape on her (P. W. 1) and Narayan (Appellant) attempted to commit rape on P. W. 10. They shouted out of fear and many men of the locality came there being attracted by their shouts. Then Manik and Narayan and two others who were on guard on the doors fled away towards the two storeyed house of Harinarayan Babu and shut the door. Thereafter the police arrived and arrested them with the weapons.
(3.) THEREAFTER the names of all the four accused persons with their full addresses were given.;