MANGAL MAHATO Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Report is received from the department that no other appeal is pending against the selfsame judgement and order of conviction and sentence dated 11.8.2006.

(2.) Paper books are not ready since 2007. Hence, dispensing with preparation of paper books, the appeal is taken up for hearing.

(3.) Prosecution case, as alleged against the appellant, is to the effect that on 4.11.2005 at around 7.30 p.m. local boys and girls of Sundalpur including the victim were singing and dancing in a party. At that time, the appellant along with Ananda Mal dragged the victim to a nearby arahar field and forcibly raped her. She cried for help and hearing her shout, her uncle, Surja Mal (P.W.4) came to the place of occurrence and the miscreants fled away. The victim narrated the incident to Surja Mal who reported the matter to the parents of the victim and the first information report was registered as Hogalberia P.S. Case No.68 of 2005 dated 6.11.2005 under Section 376(2)(g) of the Indian Penal Code.