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2018 Supreme(Cal) 831

JOYMALYA BAGCHI, RAVI KRISHAN KAPUR
Bablu Sarkar – Appellant
Versus
State Of West Bengal – Respondent


Advocates:
Advocate Appeared:
Amita Gaur, Adv., Partha Pratim Das, Adv.

JUDGMENT :

JOYMALYA BAGCHI, J.

1. The appeals are directed against judgment and order dated 27.2.2013 passed by learned Sessions Judge, Dakshin Dinajpur at Balurghat in Sessions Case No.204 of 2012 arising out of Sessions Trial No.74 of 2012 convicting the appellants for commission of offence punishable under Section 376(2) (g) of the Indian Penal Code and sentencing them to suffer rigorous imprisonment for life and to pay a fine of Rs.10,000/-, in default to suffer rigorous imprisonment for six months more.

2. The prosecution case, as alleged, against the appellants is to the effect that on 9.3.2012 around 11.00 a.m. the victim aged about 17 years had gone out to bring back a cow which had been tethered for grazing. When she went to the spot, she could not find the cow. She proceeded further and upon coming near a canal she found the cow. While she was untying the rope of the cattle, the appellants, namely, Bablu Sarkar and Liton @ Ajabul Sarkar caught hold of her. They removed her wearing apparels and laid her in the ditch and Liton committed rape on her while Bablu hold her hands. She suffered bleeding injuries and upon returning home reported the incident to her mother. Subsequen
























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