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2022 Supreme(Cal) 1587

JOYMALYA BAGCHI, RABINDRANATH SAMANTA
Ujjal Das – Appellant
Versus
State of West Bengal – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Ms. Debpriya Mitra, Adv.
For the State : Mr. Partha Pratim Das, Adv., Ms. Trina Mitra, Adv.

JUDGMENT :

Joymalya Bagchi, J.

1. On 17th November, 2014 the victim, a 14 year old girl, was invited over phone by her friend Ujjal Das, appellant No.1 to attend his birthday party. He requested the victim to come to Kaltala Dighirpar. Accordingly, the victim went to the spot and Ujjal took her to a field namely, Srimath, Tentultala. The victim was perplexed and asked Ujjal why he had brought her to a field to celebrate the birthday party instead of his residence. The victim found three other persons present. They were friends of Ujjal and through conversation the victim came to know of their names as Sentu Barik @ Sentu, Pankaj Chowdhury @ Pankaj and Susanta Mondal @ Susanta, that is, appellant Nos. 2,3 and 4 herein. While she was talking with them, Ujjal suddenly took off her clothes and forcibly raped her. Thereafter, she was repeatedly raped by the other appellants. Then, the appellants fled away and she complained of the incident to her mother and uncle who recovered her. Her mother lodged written complaint at Haringhata police station resulting in registration of Haringhata P.S. case No. 446 of 2014 dated 18th November, 2014 under Sections 376(I)/376D of the Indian Penal Code r

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