Ebadi Khan vs Emperor - 1938 Supreme(Cal) 113

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

1938 Supreme(Cal) 113

M. C. GHOSE, BARTLEY
Ebadi Khan – Appellant
Versus
Emperor – Respondent

JUDGMENT

M.C. Ghose, J. - This is an appeal by three men who have been convicted under Sections 366, 342 and 457, I.P.C. and sentenced in all to rigorous imprisonment for four years and three months each. The prosecution case is that in the night of 26th March 1937, Lakmi Moni Dasi, a young woman, P. W. 5, was sleeping in a hut in her father's house. Her brother Nilmony Roy, P. W. 1, a youth of 18 was sleeping on the outer verandah. The door of the hut in which the young woman slept was locked from outside. Her parents had gone away to attend a feast in another place. At about 1 A. M., she woke up when some body was tying her mouth. She raised an alarm and cried out but the three appellants took her out of a window, 18" x 18", which they had opened out. They dragged her out of the room, took her to a field and there they ravished her one after the other, and they took her to a house where a niece of one of the appellants guarded her. She was there till 4 P. M. the next afternoon when the police came and recovered her.

2. The story of her father is that on returning home in course of the night he found the girl missing and heard the story from his son and told the village chowkidar an

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