Md. Tajul Islam v. The State of Tripura

Court: High Court of Tripura

Bench: HON'BLE MR JUSTICE T. AMARNATH GOUD,HON'BLE MR. JUSTICE BISWAJIT PALIT

Judgment date: 2024-06-19

Case summary

High Court of Tripura judgment dated 2024-06-19. Md. Tajul Islam v. The State of Tripura. Read the judgment and case details on LawSphereX.

Judgment text

HIGH COURT OF TRIPURA AGARTALA CRL. A(J)No. 23 of 2023 CRL. A(J)No. 24 of 2023 CRL. A(J)No. 28 of 2023 In CRL. A(J)No. 23 of 2023 1. Md. Dudhu Miah, Son of Md. Rafik Miah, Resident of Shibnagar, P. S. Melaghar, District: Sepahijala Tripura (Sl. No. 4 of the judgment and order dated 04. 03. 2023) 2. Md. Samiman Hossain Alias Nayan, Son of Md. Suruj Miah, Resident of Rangamati, P. S. Sonamura, District: Sepahijala, Tripura (Sl. No. 5 of the judgment and order dated 04. 03. 2023) ----Convict-Appellant(s) Versus The State of Tripura ----Respondent(s) In CRL. A(J)No. 24 of 2023 1. Md. Saddam Hossain, Son of Late Safik Miah, Resident of Khedabari, P. S. Sonamura, District: Sepahijala Tripura (Sl. No. 2 of the judgment and order dated 04. 03. 2023) 2. Md. Rabban Ali, Age: 30, Son of Md. Bajlu Miah, Resident of Kdedabari, District: Sepahijala, Tripura (Sl. No. 3 of the judgment and order dated 04. 03. 2023) ----Convict-Appellant(s) Versus The State of Tripura ----Respondent(s) In CRL. A(J)No.

28 of 2023 Md. Tajul Islam, Son of Late Safik Miah, Resident of Khedabari, P. S. Sonamura, District: Sepahijala Tripura ----Convict-Appellant(s) Versus The State of Tripura ----Respondent(s) For Appellant(s) : Mr. P. K. Biswas, Sr. Adv. Mr. T. D. Majumder, Sr. Adv. Mr. J. Bhattacharjee, Adv. Mr. P. Majumder, Adv. Mr. P. Biswas, Adv. Mr. S. Ghosh, Adv. Mr. R. Nath, Adv. Mr. T. Halam, Adv. For Respondent(s) : Mr. Raju Datta, P. P. Date of Hearing : 22. 04. 2024 Date of delivery of Judgment and Order : 19. 06. 2024 Whether fit for Reporting : YES HON’BLE MR. JUSTICE T. AMARNATH GOUD HON’BLE MR. JUSTICE BISWAJIT PALIT Judgment & Order [B. Palit, J] These three appeals have been preferred challenging the common judgment dated 04. 03. 2023 and also against the date of sentencing order dated 06. 03. 2023 delivered by the Special Judge, Court No. 2, Gomati Judicial District, Udaipur of convicting the appellants in Case No. Special 01 of 2022. By the said judgment the convict appellants Md.

Tajul Islam, Md. Saddam Hossain, Md. Rabban Ali, Md. Dudhu Miah and Md. Samiman Hossain have been sentenced to suffer simple imprisonment for a period of one month with fine of Rs. 500/- each under Section 341 of IPC in default to suffer R. I. for three days. All the convicts also have been sentenced to suffer R. I. for two years with fine of Rs. 2,000/- each under Section 324 of IPC in default to suffer R. I. for one month and the convicts have been sentenced to suffer R. I. for a period of seven years with fine of Rs. 5,000/- each under Section 366 of IPC in default to suffer R. I. for three months and the convicts have been further sentenced to suffer imprisonment for life which shall mean imprisonment for the remainder of those convicts natural life and with fine of Rs. 50,000/- each under Section 376 D of IPC in default to suffer R. I. for six months. The convicts have been further sentenced to suffer R. I. for life with fine of Rs.

5,000/- each under Section 120B of IPC in default to suffer R. I. for three months. Further they were sentenced to suffer R. I. for a period of three years with fine of Rs. 3000/- each under Section 3(1)(w)(i)(ii) of Schedule Castes and Schedule Tribes (Prevention of Atrocities) Act, 1989 in default to suffer R. I. for three months. They were further sentenced to suffer R. I. for five years with fine of Rs. 5,000/- under Section 2(2)(va) of the Scheduled Castes and Schedule Tribes (Prevention of Atrocities) Act, 1989 in default to suffer R. I. for four months. By the said judgment of conviction and sentence it was ordered that all the sentences shall run concurrently and the fine money if realized shall be handed over to the victim as compensation. 02. Heard Mr. P. K. Biswas, Learned Senior counsel assisted by Mr. P. Majumder, Learned counsel, Mr. P. Biswas, Learned counsel and Mr. R. Nath, Learned counsel representing the appellant Md. Tajul Islam, Mr. T. D.

Majumder, Learned Senior counsel assisted by Mr. T. Halam, Learned counsel appearing for the appellants Md. Saddam Hossain and Md. Rabban Ali and Mr. J. Bhattacharjee, Learned counsel along with Mr. S. Ghosh, Learned counsel representing the appellants Md. Dudhu Miah and Md. Samiman Hossain alias Nayan and also heard Mr. Raju Datta, Learned P. P. representing the prosecution/state-respondent. 03. Before entering into the merit of the case let us discuss about the subject matter of the prosecution before the Learned Trial Court. On 19. 11. 2021 in the evening at about 7. 00 p. m. the first informant Rana Bahadur Jamatia along with his wife (victim) had gone to Patichari Rash Mela under Santirbazar PS by riding his motorbike bearing registration No. TR-03H-6702 and in the midnight of 20. 11. 2021 at around 2. 30 a. m. they were returning back to their house by riding that motor bike.

On the way while they were crossing the Tepania Eco Park, Udaipur over Agartala-Sabroom NH-8 Road suddenly one silver coloured Maruti Alto 800 vehicle bearing registration No. TR-04A-0370 after coming from back side twice dashed against the motorbike of first informant resulting which the wife of the informant (the victim) fell down on the earth from the motor bike. That time five miscreants alighted from the said Maruti Alto vehicle armed with weapons to their hands snatched away the mobile set of the informant. Thereafter they started assaulting the informant on the back side of head with an iron rod and as a result he fell down on the road. Thereafter those miscreants abducted the wife of the informant with the said Maruti Alto vehicle and fled away from the scene of occurrence. 04. Another FIR was lodged by the victim prosecutrix on 24. 11.

2021 while she was undergoing treatment at Khumlung Hospital under PS Radhapur, West Tripura District wherein it was alleged by her that in the midnight of 20. 11. 2021 at about 2. 30 a. m. the prosecutrix (the victim) and her husband were returning back to their house by riding their motorbike. On the way while they were crossing Tepania Eco Park, Udaipur over Agartala-Sabroom NH-8 road suddenly one silver coloured Maruti Alto 800 vehicle after coming from back side dashed against the motorbike of the husband of the victim twice resulting which the victim fell down from the motorbike on the earth. That time four miscreants alighted from the said Maruti Alto 800 vehicle and attacked the huband of the prosecutrix with an iron rod and thereafter they also forcefully abducted from the NH-8 road that vehicle and inside the vehicle she was undressed by those miscreants for sexual and physical assault and also taken towards a jungle. There she was raped by those miscreants.

The prosecutrix further alleged that those miscreants also given bite injuries of teeth on her breast and inserted finger inside her vagina. Then she lost her sense and regained her sense in the early morning and then she called her family members. Subsequently she was recovered and taken to Women PS, Udaipur as well as to the Tepania Hospital for treatment. O/C, Radhapur PS, West Tripura District on receipt of ejahar of the prosecutrix on 24. 11. 2021 at around 2030 hours forwarded the same to O/C R. K. Pur PS for taking necessary action. Accordingly O/C R. K. Pur PS received the ejahar on 25. 11. 2021 but forwarded the same to the O/C R. K. Pur Women PS as the offence related to crime against women. The O/C R. K. Pur Women PS received the ejahar on 25. 11. 2021 and registered a case vide RKP WMN PS case No. 2021WRP077 under Section 376B of IPC and the case was endorsed to the WSI of Police Smti. Sumitra Kapali for investigation. The first IO during investigation visited the P. O.

on 25. 11. 2021 and prepared hand sketch map with separate index, recorded the statement of the witnesses under Section 161 of Cr. P. C. , arranged for recording the statement of victim under Section 164(5) of Cr. P. C. and on 05. 12. 2021 handed over the case to the Inspector of Police namely Smt. Mina Debbarma of Crime Branch, Tripura Police, Agartala for investigation. 05. The I. O. of the Crime Branch during investigation recorded the statement of victim and her husband, had seized some materials such as black coloured flower printed tops, grey coloured bra, black coloured jeans, jeans jacket, prescription of Kherengbari Hospital, Khumlung, prescription of AGMC & GB Hospital and one ear ring by preparing seizure memo dated 08. 12.

2021, prepared hand sketch maps of two PO‟s with separate indexes, also seized some articles such as one leather ladies belt, two pieces of broken bangles, one towel, one iron rod, one iron wheel spanner and “5” logo of silver colour by seizure memo dated 08. 12. 2021, collected dry leaf, soil from the PO by seizure memo dated 12. 12. 2021. During investigation I. O. also received the case docket of another case bearing No. R. K. Pur PS Case No. 179/2021 and on the same day she submitted a prayer before the court of Learned Chief Judicial Magistrate, Gomati, Udaipur for tagging R. K. Pur Women PS Case No. 177/2021 and the R. K. Pur PS Case No. 179/2021 and the prayer was allowed by the Learned C. J. M. , Gomati Udaipur. The I. O.

also collected medical report of the victim from different hospitals, wearing apparels of the accused persons by preparing seizure memo and also prayed for adding of Sections 3(1)(W)(i) and 3(2) of the SC & ST (Prevention of Atrocities) Act, 1989, also collected potency test report of all accused persons from the TS District Hospital and thereafter handed over the case docket to the Deputy SP, Ajoy Kumar Das for completion of investigation. 06. The last I. O. Ajoy Kumar Das, Deputy SP during investigation collected report from SFSL, finger print report from Finger Print cell of SCRB, Agartala and also collected report from Biology Division, SFSL, Narsingarh. The I. O. also received the screening report of the offending vehicle from the office of the JTC, Agartala and seized the vehicle No. TR-04A-0370 and after completion of the investigation the I. O.

being prima facie satisfied laid chargesheet against accused Tajul Islam, Saddam Hussein, Ali, Dudhu Miah and Samiman Hussein for their prosecution before the court. Accordingly cognizance of offence was taken by Learned C. J. M and after that the case committed to the court of Learned Sessions Judge, Gomati District, Udaipur who in turn transferred the case to the Court of Learned Addl. Sessions Judge, Gomati District, Udaipur for disposal according to law. Before the Learned Trial Court charge against the appellants were framed in the following manner by the Ld. Special Court on 17. 03. 2022: Firstly, that all of you on or about 20. 11. 2021 night time at around 3. 00 am nearby the Tepania Park over NH 8 under R. K. Pur PS, Udaipur, Gomati District in furtherance of all of yours common intention wrongfully restrained the informant namely Shri Rana Bahadur Jamatia and his wife Smti.

X (name withheld) and that all of you thereby committed an offence punishable under section 341 read with section 34 of the Indian Penal Code and within the cognizance of this court. Secondly, that all of you on the same date, time and place in furtherance of all of yours common intention voluntarily caused grievous hurt to the informant namely Shri Rana Bahadur Jamatia by means of an iron road and that all of you thereby committed on offence punishable under section 326 read with section 34 of the Indian Penal Code and within the cognizance of this court. Thirdly, that all of you on the same date, time and place in furtherance of all of yours common intention abducted a woman, to wit Smti.

X (name withheld) in order that the said women will be forced or seduced to illicit intercourse or knowing it to be likely that she will be forced or seduced to illicit intercourse and that all of you thereby committed on offence punishable under section 366 read with section 34 of the Indian Penal Code and within the cognizance of this court. Fourthly, that all of you constituted a group and committed rape on Smti. X (name withheld on or about 20. 11. 2021 night time at around 3. 00 am nearby the Tepania Park over NH 8 under R. K, Pur PS, Udaipur, Gomati District acted in furtherance of common intention and that all of you thereby committed an offence punishable under section 3760 of the Indian Penal Code and within the cognizance of this court.

Fifthly, that all of you on the same date, time and place an furtherance of all of yours common intention committed dacaity and that at the time of committing the said dacaity used a deadly weapon, to wit dao, iron road and sharp cutting knife and caused grievous hurt to Shri Rana Bahadur Jamatia and that all of you thereby committed an offence punishable under section 397 read with section 34 of the Indian Penal Cede and within the cognizance of this court. Sixthly, that all of you on the same date, time and place belonging to a gang of persons associated for the purpose of habitually committing of dacaity and that all of you thereby committed on offence punishable under section 400 of the Indian Penal Code and within the cognizance of this court. Seventhly, that all of you on the same date, time and place agreed to do an illegal act, to wit abduction of Smti.

X (name withheld), committing gang rape upon her, causing grievous hurt to Shri Rana Bahadur Jamatia and that off of you thereby committed an offence punishable under section 120B of the Indian Penal Code and within the cognizance of this court. Eighthly, that all of you on the same date, time and place, not being a member of a Schedule Tribe intentionally touches a woman belonging to a Schedule Tribe knowing that she belongs to a Schedule Tribe, such act of touching is of a sexual nature and is without the recipients consent and that all of you thereby committed an offence punishable under section 3(1)(w) (1) of the SC and ST (Prevention of Atrocities) Act, 1989 and within the cognizance of this court.

Ninethly, that all of you on the same date, time and place, not being a member of a Schedule Tribe acts or gestures of a sexual nature towards a woman belonging to a Schedule Tribe and that all of you thereby committed an offence punishable under section 3(1)(w)(II) of the SC and ST (Prevention of Atrocities) Act, 1989 and within the cognizance of this court. Lastly, that all of you on the same date, time and place, not being a member of a Schedule Tribe commits offence specified in the schedule against a person knowing that such person as a member of a Schedule Tribe and that all of you thereby committed an offence punishable under section 3(2)(va) of the SC and ST (Prevention of Atrocities) Act, 1989 and within the cognizance of this court. And I do hereby direct that all of you be tried by this Court of Special Judge on the said charges. " 08.

To substantiate the charge the prosecution in this case has adduced as many as 41 numbers of witnesses and the prosecution also relied upon some documentary evidences which were marked as exhibits in this case: LIST OF PROSECUTION/DEFENCE/COURT WITNESSES A. Prosecution RANK NAME NATURE OF EVIDENCE PW 1 Shri Rana Bahadur Jamatia Other witness PW 2 The victim (name withheld) Other witness PW 3 Shri Surja Mohan Jamatia Other witness PW 4 Smti Barnabala Jamatia Other witness PW. 5 Shri Gaya Sadhan Jamatia Other witness PW 6 Shri Sahadeb Dutta Other witness PW. 7 Shri Joy Saha Other witness PW. 8 Smti Manibala Das Police witness PW 9 Shri David Jamatia Other witness PW. 10 Smti Sabi Rani Debbarma Medical witness PW. 11 Dr. Aniruddha Roy Medical witness PW 12 Shri Pradip Debbarma Police witness PW 13 Shri Chandan Das Police witness PW 14 Shri Makhan Debnath Police witness PW 15 Dr. Mummun Debbarma Medical witness PW 16 Dr. Pradipta Narayan Chakraborty Medical witness PW 17 Dr.

Madhumita Roy Medical witness PW 18 Shri Haradhan Bhattacharjee Other witness PW 19 Shri Supriya Ghosh Police witness PW 20 Shri Santanu Debbarma Expert witness PW 21 Smti Purabi Jamatia Other witness PW 22 Dr. Subhankar Nath Expert witness PW 23 Dr. Sujit Chakma Medical witness PW 24 Smti Debjani Majumder Other witness PW 25 Dr. Sabyasachi Nath Expert witness PW 26 Dr. Narenjit Das Medical witness PW 27 Shri Jayanta Das Police witness PW 28 Dr. Jayashri Debbarma Medical witness PW 29 Smti Jangal Debi Jamatia Medical witness PW 30 Dr. Arino Mohan Jamatia Medical witness PW 31 Smti Archana Reang Other witness PW 32 Shri Debabrata Biswas Police witness PW 33 Smti Mina Debbarma Police witness PW 34 Shri Rajarshi Chakraborty Other witness PW 35 Shri Ajoy Kumar Das Police witness PW 36 Dr. Ajitesh Paul Expert witness PW 37 Dr.

Uma Debbarma Medical witness PW 38 Smti Sumita Sen Other witness PW 39 Shri Goutam Dey Other witness PW 40 Smti Alpana Sarkar Police witness PW 41 Smti Sumitra Kapali Police witness B. Defence witnesses, if any: Nil C. Court witnesses, if any: Nil LIST OF PROSECUTION/DEFENCE/COURT EXHIBITS A. Prosecution SL. Exhibit Number Description No. 1 Exhibit P-1 (PW 1) Signature of PW 1 in seizure memo dated 20. 11 2021 2 Exhibit P-1/1 (PW5) Signature of PW 5 in seizure memo dated 20 11. 2021 3 Exhibit P-1/2(PW32) Seizure memo dated 20. 11. 2021 prepared by PW32 4 Exhibit P-2 (PW 1) Signature of PW 1 in seizure memo dated20. 11. 2021 5 Exhibit P-2/1 (PW 9) Signature of PW 9 in seizure memo dated 20. 11. 2021 6 Exhibit P-2/2 (PW Signature of PW 18 in seizure memo dated 20. 11. 2021 18) 7 Exhibit P-2/3 (PW Seizure memo dated 20. 11. 2021 prepared by PW32 32) 8 Exhibit P-3(PW1) Signature of PW 1 in seizure memo dated 20. 11. 2021 9 Exhibit P-3/1 Signature of PW 12 in seizure memo dated 20. 11.

2021 (PW12) 10 Exhibit P 3/2 Signature of PW 13 in seizure memo dated 20. 11. 2021 (PW13) 11 Exhibit P-3/3 Seizure memo dated 20. 11. 2021 prepared by PW 32 (PW32) 12 Exhibit P-4 (PW 1) Signature of PW 1 in another seizure memo dated 20 11. 2021 13 Exhibit P-4/1 Signature of PW 12 in another seizure memo dated 20. (PW12) 11. 2021 14 Exhibit P-4/2 Signature of PW 13 in another seizure memo dated (PW13) 20. 11. 2021 15 Exhibit P-4/3 Seizure memo dated 20. 11. 2021 prepared by PW 32 (PW32) 16 Exhibit P-5 (PW 1) Signature of PW 1 in his ejahar to the O/C, R. K. Pur PS 17 Exhibit P-6 (PW 1) Signature of PW 1 in seizure memo dated 08. 12. 2021 18 Exhibit P-6/1(PW2) Signature of PW 2 in seizure memo dated 08. 12. 2021 19 Exhibit P-6/2(PW 4) Signature of PW 4 in seizure memo dated 08. 12. 2021 20 Exhibit P-6/3 Seizure memo dated 08. 12. 2021 prepared by PW 33 (PW33) 21 Exhibit P-7 (PW 1) Signature of PW 1 in seizure memo dated 08. 12.

2021 22 Exhibit P-7/1 (PW 2) Signature of PW 2 in seizure memo dated 08. 12. 2021 23 Exhibit P-7/2 (PW 4) Signature of PW 4 in seizure memo dated 08. 12. 2021 24 Exhibit P-7/3 Seizure memo dated 08. 12. 2021 prepared by PW 33 (PW33) 25 Exhibit P-8 (PW 1) Signature of PW 1 in memo of TI parade 26 Exhibit P-8/1 (as a TI parade report prepared by PW 24 whole) (PW 24) 27 Exhibit P-9 (PW 1) Signature of PW 1 in memo of TI parade dated 01. 12. 2021 28 Exhibit P-9/1 (PW TI parade report prepared by PW 24 24) 29 Exhibit P-10 (PW 1) Signature of PW 1 in memo of TI parade 30 Exhibit P- TI parade report dated 26. 11.

2021 prepared by PW 31 10/1(series) (PW 31) 31 Exhibit P- Signature of PW 31 in the TI parade report 10/2(PW31) 32 Exhibit P-11(series) Signatures of PW 2 in two sheets of her complaint (PW 2) 33 Exhibit P- Note of PW 27 in the written complaint 11/1(PW27) 34 Exhibit P-11/2 (PW Endorsement of PW 32 in the written complaint Filed by 32) the victim 35 Exhibit P-11/3 Receipt and registration note by PW 40 in the written (PW40) complaint filed by the victim 36 Exhibit P-12(series) Signatures of PW 2 in two sheets of her statement (PW 2) recorded u/s 164(5) of Cr. P. C. 37 Exhibit P- Signatures of PW 21 in two sheets of her statement 12/1(series) (PW recorded u/s 164(5) of Cr. P. C 21) 38 Exhibit P- Statement of the victim u/s 164(5) of Cr. P. C. in two 12/2(series) (PW sheets recorded by PW 34 34) 39 Exhibit P-12/3 Signatures of PW 34 in two sheets of statement of (series) (PW 34) victim recorded u/s 164(5) of Cr. P. C.

40 Exhibit P-13 (PW 2) Signature of PW 1 in memo of TI parade 41 Exhibit P-13/1(as a Tl parade report prepared by PW 24 whole (PW 24) 42 Exhibit P-14 (PW 4) Signature of PW 4 In seizure memo dated 24. 11. 2021 43 Exhibit P- Signature of PW 30 in seizure memo dated24. 11. 2021 14/1(PW30) 44 Exhibit P-14/1(PW Seizure memo dated 24. 11. 2021 prepared by PW 27 27) 45 Exhibit P-15 (PW 4) Signature of PW 4 in seizure memo dated 20. 12. 2021 46 Exhibit P-15/1 Signature of PW 10 in seizure memo dated20. 12. 2021 (PW10) 47 Exhibit P-15/2 Seizure memo dated 20. 12. 2021 prepared by PW 33 (PW33) 48 Exhibit P-15/3 Signature of PW 37 in seizure memo dated20. 12. 2021 (PW37) 49 Exhibit P-16(PW 8) Signature of PW 8 In seizure memo dated12. 12. 2021 50 Exhibit P- Signature of PW 14 in seizure memo dated12. 12. 2021 16/1(PW14) 51 Exhibit P- Seizure memo dated 12. 12.

2021 prepared by PW 33 16/2(PW33) 52 Exhibit P-17(PW 10) Signature of PW 10 in the Blood Sample Authentication Form of the victim 53 Exhibit P- Blood Sample Authentication Form of the victim issued 17/1(PW37) by PW 37 54 Exhibit P- Signatures of PW 37 in Blood Sample Authentication 17/2(series) (PW Form of the victim 37) 55 Exhibit P-18/PW 11) Medical report of the victim prepared by PW 11 dated 20. 11. 2021 56 Exhibit P-19(PW 11) Another medical report of the victim prepared by PW 11 dated 20. 11. 2021 57 Exhibit P-19(series) Signatures of PW 11 in the medical report.

(PW 11) 58 Exhibit P-20(PW 12) Signature of PW 12 in seizure memo 59 Exhibit P-21 (PW Medical report of the victim prepared by PW 15 15) 60 Exhibit P- Signatures of PW 15 in 4 pages of the Medical report of 21/1(series) (PW the victim 15) 61 Exhibit P- Signatures of PW 16 in 4 pages of the Medical 21/2(series) (PW 16) 62 Exhibit P- Signatures of PW 17 in 4 pages of the Medical report of 21/3(series) (PW the victim 17) 63 Exhibit P-22(PW 20) Expert report dated 21. 12. 2021 prepared by PW 20 64 Exhibit P Signature of PW 20 in his report dated 21. 12. 2021 22/1(PW20) 65 Exhibit P-23(PW 20) Expert report prepared by PW 20 66 Exhibit P- Signature of PW 20 in his report 23/1(PW20) 67 Exhibit P-24(PW 22) Medical report of the victim prepared by PW 22 dated 20. 12. 2021 68 Exhibit P- Signatures of PW 22 in the Medical report of the victim 24/1(series) (PW 22) 69 Exhibit P-25(PW23) Expert report prepared by PW 23 dated 24. 12.

2021 70 Exhibit P- Signatures of PW 23 in the Expert report dated 25/1(series) (PW 24. 12. 2021 23) 71 Exhibit P-26(PW 23) Another expert report prepared by PW 23 dated 24. 12. 2021 72 Exhibit P-26/1 Signatures of PW 23 in another expert report dated (series) (PW 23) 24. 12. 2021 73 Exhibit P-26(as a Expert report prepared by PW 25 dated 09. 12. 2021 whole) (PW 25) 74 Exhibit P-27(as a Expert report prepared by PW 25 dated 23. 12. 2021 whole) (PW 25) 75 Exhibit P-28(as a Expert report prepared by PW 25 dated 24. 12. 2021 whole) (PW 25) 76 Exhibit P-29(as a Expert report prepared by PW 25 dated 06. 01. 2022 whole) (PW 25) 77 Exhibit P-30(as a Medical report prepared by PW 26 whole) (PW 26) 78 Exhibits P-31 and Extract copies of GD entries 32(PW 27) 79 Exhibit P- Signature of PW 27 in the GD entry No. 22 31/1(PW27) 80 Exhibit P-31/2 Signature of O/C of Radhapur PS in the GD entry No. 22 (PW27) 81 Exhibit P-32/1 Signature of PW 27 in the GD entry No.

25 (PW27) 82 Exhibit P-32/2 Signature of O/C of Radhapur PS In the GD entry No.

25 (PW27) 83 Exhibit P-33 (PW Potency test report of accused Saddam Hussein 28) prepared by PW 28 84 Exhibit P-33/1 Blood sample authentication form in respect of accused (PW28) Saddam Hussein 85 Exhibit P-34 (PW Potency test report of accused Rabban Ali with blood 28) sample authentication form prepared by PW 28 86 Exhibit P-34/1 Blood sample authentication form in respect of accused (PW28) Rabban Ali 87 Exhibit P-35 (PW Potency test report of accused Dudhu Miah with blood 28) sample authentication form prepared by PW 28 88 Exhibit P-35/1 blood sample authentication form in respect of accused (PW28) Dudhu Miah 89 Exhibit P-36 (PW Potency test report of accused Samiman Hussein with 28) blood sample authentication Form prepared by PW 28 90 Exhibit P-36/1 Blood sample authentication form in respect of accused (PW28) Samiman Hussein 91 Exhibit P-37 (PW Potency test report of accused Tajul Islam with blood 28) sample authentication form prepared by PW 28 92 Exhibit P-37/1 Blood sample authentication form in respect of accused (PW28) Tajul Islam 93 Exhibit P-38 (PW Signature of PW 28 in the seizure memo dated 28) 28.

12. 2021 94 Exhibit P-38/1 Signature of PW 29 in the seizure memo dated (PW29) 28. 12. 2021 95 Exhibit P-38/2 Seizure memo dated 28. 12. 2021 prepared by PW 33 (PW33) 96 Exhibit P-39 (PW Medical report of the victim dated 03. 12. 2021 prepared 30) PW 30 97 Exhibit P-39/1 Signature of PW 30 in the Medical report of the victim (PW30) dated 03. 12. 2021 98 Exhibit P-40 (PW Final Medical report of the victim dated 18. 12. 2021 30) prepared PW 30 99 Exhibit P-40/1 Signature of PW 30 in the Final Medical report of the (PW30) victim dated 18. 12. 2021 100 Exhibit P-41(as a Information in writing dated 24. 11. 2021 by PW30 whole) (PW 30) 101 Exhibit P-42 (PW Extract copy of GD entry No. 03 and 04 dated 32) 20. 11. 2021 102 Exhibit P-43 (PW32) Hand sketch map of PO dated 20. 11. 2021 prepared by PW 32 103 Exhibit P-44 (PW32) Index of hand sketch map of PO dated 20. 11. 2021 prepared by PW 32 104 Exhibit P-45 (PW Hand sketch map of PO dated 08. 12.

2021 prepared by 33) PW 33 105 Exhibit P-46 (PW Index of hand sketch map of PO dated 08. 12. 2021 33) prepared by PW 33 106 Exhibit P-47 (PW Another hand sketch map of PO dated 08. 12. 2021 33) prepared by PW 33 107 Exhibit P-48 (PW Index of another hand sketch map of PG dated 33) 08. 12. 2021 prepared by PW 33 108 Exhibit P-49 (PW33) Seizure memo dated 23. 12. 2021 prepared by PW 33 109 Exhibit P-50 (PW33) Seizure memo dated 28. 12. 2021 prepared by PW 33 110 Exhibit P-51 (PW33) Another seizure memo dated 28. 12. 2021 prepared by PW 33 111 Exhibit P-51/1 Signature of PW 38 in seizure memo dated28. 12. 2021 (PW38) 112 Exhibit P-51/2 Signature of PW 39 in seizure memo dated 28. 12.

2021 (PW39) 113 Exhibit P-52 (PW35) Signature of PW 35 in the forwarding note of exhibits to the SFSL 114 Exhibit P-52 (PW Expert report prepared by PW 36 36) 115 Exhibit P-52/1 Signature of PW 36 in the expert report (PW36) 116 Exhibit, P-53 (PW Certificate issued by PW 35 35) 117 Exhibit P-54 (PW Signature of PW 35 in another forwarding note of 35) exhibits to the SFSL 118 Exhibit P-55 (PW35) Another certificate issued by PW 35 119 Exhibit P-56 (series) Check list in 2 sheets (PW 35) 120 Exhibit P-57 (series) Forwarding note dated 23. 12. 2021 by PW 35 (PW 35) 121 Exhibit P-58 (series) Forwarding note dated 22. 12. 2021 by PW 35 (PW 35) 122 Exhibit P-59 (PW Requisition dated 14. 12. 2021 sent by PW 35 for certified 35) copy of CDR and CAF to the Nodal Officer, Bharati Airtel Limited. 123 Exhibit P-60 (as a Printed FIR form in 3 sheets filled up by PW 40 whole) (PW 40) 124 Exhibit P-61 (PW Hand sketch map of PO dated 29. 11.

2021 prepared by 41) PW 41 125 Exhibit P-62 (PW Index of hand sketch map of PO dated 29. 11. 2021 41) prepared by PW 41 B. Defence : Nil C. Court Exhibits: Nil D. Material Objects: Sl. Exhibit No. Description No. 1 Exbt. MO 1 Black coloured helmet 2 Exbt. MO 2 Pink coloured ladies woolen cap 3 Exbt. MO Black coloured money bag, election ID card, PAN card, 3(series) Debit card 4 Exbt. MO 4 Mobile phone of PW 1 5 Exbt. MO 5 Chappal and bangles of the victim (series) 6 Exbt. MO 6 Golden coloured ear ring 7 Exbt. MO 7 Ladies belt and broken bangles (series) 8 Exbt. MO 8 Wearing apparel of the victim (series) 9 Exbt. MO 9 'Towel, "S" logo of car and iron wheel spanner (series) 09. To decide the case Learned Trial court below determined the following points: POINT'S FOR DETERMINATION (i) Whether the accused persons namely Tajul Islam, Saddam Hussein, Rabban Ali, Dudhu Miah and Samiman Hussein alias Nayan on or about 20. 11.

2021 night time at around 3:00 AM nearby the Tepania Park over NH 8 road under R. K.

Pur PS, Udaipur, Gomati District in furtherance of their common intention wrongfully restrained the informant namely Shri Rana Bahadur Jamatia and his wife Smti X (name withheld) and thereby all of them committed an offence punishable under section 341 read with section 34 of the Indian Penal Code and within the cognizance of this court: (ii) Whether all the accused persons as named above on the same date, time and place in furtherance of their common intention voluntarily caused grievous hurt to the informant namely Shri Rana Bahadur Jamatia by means of an iron rod and thereby all of them committed an offence punishable under section 326 read with section 34 of the indian Penal Code and within the cognizance of this court: (iii) Whether all the accused persons as named above on the same date, time and place in furtherance of their common intention abducted a woman, to wit Smti X (name withheld) In order that the said woman will be forced or seduced to Illicit intercourse or knowing it to be likely that she will be forced or seduced to illicit intercourse and thereby all of them committed an offence punishable under section 366 read with section 34 of the Indian Penal Code and within the cognizance of this court: (iv) Whether all the accused persons as named above constituted a group and committed rape on Smti X (name withheld) on or about 20.

11. 2021 night time at around 3:00 AM nearby the Tepania Park over NH 8 road under R. K.

Pur PS, Udaipur, Gomati District acted in furtherance of common intention and committed an offence punishable under section 3760 of the Indian Penal Code and within the cognizance of this court: (v) Whether all the accused persons as named above on the same date, time and place in furtherance of their common intention committed decoity and that at the time of committing the sold decoity used a deadly weapon, to wit deo, iron rood and sharp cutting knife and caused grievous hurt to Shri Rana Bahadur Jamatia and thereby committed an offence punishable under section 397 read with section 34 of the Indian Penal Code and within the cognizance of this court (vi) Whether all the accused persons as named above on the same date, time and place belonging to a gang of persons associated for the purpose of habitually committing of dacoity and thereby committed an offence punishable under section 400 of the Indian Penal Code and within the cognizance of this court (vii) Whether all the accused persons as named above on the same date, time and place agreed to do an illegal act, to wit abduction of Smti X (name withheld), committing gang rape upon her, causing grievous hurt to Shri Rana Bahadur Jamatia and thereby all of them committed an offence punishable under section 1208 of the Indian Penal Code and within the cognizance of this court; (viii) Whether all the accused persons as named above on the same date, time and place, not being a member of a Schedule Tribe intentionally touches a woman belonging to a Schedule Tribe knowing that she belongs to o Schedule Tribe, such act of touching is of a sexual nature and is without the recipients consent and thereby all of them committed an offence punishable under section 3(1) (w)(1) of the SC and ST (Prevention of Atrocities) Act, 1989 and within the cognizance of this court.

(ix) Whether all the accused persons as named above on the same date, time and place, not being a member of a Schedule Tribe acts or gestures of a sexual nature towards a woman belonging to a Schedule Tribe and thereby committed on offence punishable under section 3(1)(w)(ii) of the SC and ST (Prevention of Atrocities) Act, 1989 and within the cognizance of this court: (x) Whether all the accused persons as named above all of you on the same date, time and place, not being a member of a Schedule Tribe commits offence specified in the schedule against a person knowing that such person as a member of a Schedule Tribe and thereby committed an offence punishable under section 8(2)(va) of the SC and ST (Prevention of Atrocities) Act, 1989 and within the cognizance of this court. 10. To substantiate the aforesaid points as already stated prosecution has adduced in total 41 numbers of witnesses. Now let us revisit the evidence on record of the prosecution before conclusion of the appeal.

It is to be noted here that in this case excepting PWs 1 i. e. informant and PW-2, the victim, there is/are no other eye witnesses of the alleged occurrence of offence. PW-1, Rana Bahadur Jamatia is the husband of the prosecutrix/victim as well as the informant also. He deposed that on 19. 11. 2021 they went out from their house to attend Rash Mela at Patichari under Garjee outpost at around 7. 00 p. m. and they reached at Mela at about 10. 00 p. m. and after attending mela he along with his wife at about 2. 30 a. m. were returning back to their residence at Jalema by riding a motor bike. On the way after crossing the Tepania Park suddenly one silver coloured Maruti Alto car dashed against his motor bike. Initially he thought that it was a mere accident, but again the said car dashed against his motor bike for which his wife fell down on the ground from the bike. Then he stopped the motor bike to see the injuries of his wife.

When the said car turned towards them immediately he lifted his wife on his bike to run from the place. But one of the accused persons forcefully dragged the hand of his wife and pulled her down. Then he also got off from his motor bike and saw three persons inside the car. Then and there he was hit on his head by an iron rod and fell down on the road. However, he managed to rise again and proceeded towards their car and found one person was holding his wife and pushing her inside the car with the aid of another person. Two persons came forward to attack him with a knife and iron rod in their hands, inside the car there was one man sitting at the wheel. He again fell down on the road and go backward to save himself from assault. That time he noticed those persons took away his wife after dragging her inside the car. He further identified the accused persons at serial No. 2 and 3 standing, that they were holding iron rod and knife in their hands on the alleged night of incident.

He also indicated his finger to the accused at serial No. 1 stating that the accused was dragging and holding his wife. He indicated his finger to the accused persons in the dock at serial No. 4 and 5 stating that they were aiding accused at serial No. 1 for taking his wife inside the car after coming out from the car and finally told there were in total five accused persons. He further stated that those miscreants ran the car very hurriedly towards Udaipur and he tried to follow them by his bike, but failed on turning and finding no other alternative way he had gone to Tepania District Hospital and there he found one official to whom he narrated the incident. Then said official informed the matter to the PS and in the meanwhile Police came to the hospital. The police gone for searching his wife, but failed to recover her and again police returned to hospital with empty hands and again proceeded to search his wife. Then he was instructed by the hospital official to go to the PS.

After visiting PS he was taken to the PO by the police. There police found his mobile, chappal and bangle of his wife which was seized by police by preparing seizure list wherein he put his signature. Witness identified his signature on the seizure list marked Exbt. P-1. He was again taken to the PS and waited therein till 8. 00 a. m. in the morning when he could know about the fact of recovery of his wife. He also put his another signature on the seizure memo after the seizure of black coloured money bag, election ID card, PAN card, Debit card of himself etc. Witness identified his signature marked as Exbt. P-2. He also put his another signature on the seizure memo at around 1230 hours after the seizure of one Maruti Alto car, black coloured helmet, woolen cap and three mobile phones. He identified his signature which is marked as Exbt. P-3. He identified black coloured helmet and pink coloured ladies woolen cap marked Exbt. MO P-1 and MO P-2.

He further identified black coloured money bag, election ID card, PAN card, Debit card. On being identified those were marked as Exbt. MO P-3 (series). He further identified his mobile, chappal and bangles of his wife which were marked Exbt. MO P-4 and Exbt. MO P-5 (series). He put his signature on another seizure memo at around 1245 hours after the seizure of golden coloured ear rings and two mobile sets. Witness identified his signature marked as Exbt. P-4 and identified the seized golden coloured ear ring marked as Exbt. MO P-6. After that he laid the FIR to the O/C R. K. Pur PS and identified the same marked Exbt. P-5. He further deposed that his ejahar was prepared by one Rajat Jamatia as per his narration. He met his wife at around 1. 00/2. 00 p. m. There she was unable to speak due to her injuries. Then his parents came to the PS and at around 3. 00 pm they left the PS for their house.

He found several injuries on different parts of the body of his wife as well as her wearing apparels also torned in several place very badly. On the next day morning his wife was taken to Tepania District Hospital for treatment. Due to crowd they took her to Khumulung Hospital, Jirania where she received treatment for around 3/4 days and later she was referred to GB Hospital, Agartala. At Khumulung Hospital, Jirania his wife narrated the entire incident to him and further stated that she was brutally assaulted by the accused persons and received knife injury on her buttock. She also stated that the accused persons gave her bite injuries on her chest and cheek. He further stated that accused persons threatened her to open her private parts else they will give knife injury there and the accused persons also inserted their fingers inside of her private parts and they committed the indecent acts as per their volition without any obstruction and thereby his wife had lost her sense.

When she regained her sense she found herself alone without any dresses on her body. Then she hide herself inside the jungle, but accused persons were searching for her and telling each other that if she could not be found it would be harmful for them. During this period his wife very scared to come out and finally after rising the sun she came out from the jungle towards a village at Barabhaiya. There she found one villager to whom she asked for help who appointed one boy to assist his wife for reaching nearby Bagma Choumuhani. Then his wife called him to his mobile phone, but it was received by police and accordingly she was taken to PS by police. His wife did not admit in GB Hospital though they visited the same in the morning at around 10. 00 a. m. and in the evening they get back towards their house. On 08. 12. 2021, police had seized one ladies belt, broken bangles by preparing seizure memo wherein he put his signature. He identified his signature marked as Exbt. P-6.

He identified the ladies belt, broken bangles which were marked Exbt. MO P-7 (series). He also put his signature in the seizure memo after the seizure of wearing apparels of his wife. He identified his signature marked as Exbt. P-7. He also identified the wearing apparel of his wife which were marked as Exbt. MO P-8 (series). He also put his signature as an identifying witness in the TI parade and identified his signature marked Exbt. P-8. On 01. 12. 2021 he also put his another signature in the TI parade as an identifying witness and identified his signature marked Exbt. P-9. On 10. 12. 2021 he also put his another signature on the TI parade as an identifying witness and identified the same marked Exbt. P-10 and identified all the accused persons present in the court in the dock. During cross-examination by the appellants the informant husband was confronted with the statement that he stated to I. O. that he stopped the motor bike to see the injuries of his wife.

Then said car rushed towards them, immediately he lifted his wife on his bike to run from the place, but one of the accused person forcefully dragged the hand of his wife and pulled her down. On drawing attention such statement was not specifically found to the statement of witness recorded by I. O. He was further confronted with the statement that after visiting the PS he was taken to the P. O. by the police. There police found his mobile, chappal and bangle of his wife at the P. O. which was seized by police with seizure memo. On drawing attention such statement of the witness was not found to the statement recorded by I. O. He also stated that the ejahar was filed in the PS before meeting with his wife. He was further confronted with the statement that he stated to I. O. on the next morning his wife was taken to Tepania District Hospital for treatment and due to crowd they were taken towards Khumulung Hospital, Jirania and there she received treatment for 3/4 days.

Later on, she was referred to GB Hospital, Agartala. On drawing attention of the statement of the witness recorded by I. O. such statement was not specifically found in the statement of witness recorded by I. O. under Section 161 of Cr. P. C. He was further confronted with the statement that he stated to I. O. that his wife narrated to him that she received knife injury on her buttock. On drawing attention such statement was not found in the statement recorded by I. O. He was further confronted with the statement that he stated to I. O. that when his wife regained her sense then she found herself alone without any dresses on her body. But on drawing attention such statement was not found in the statement of witness recorded by I. O. Again he was confronted with the statement that he stated to I. O. that his wife did not admitted G. B. Hospital though they visited the same in the morning at around 10. 00 a. m. and in the evening they returned back to their house.

But on drawing attention of the statement of witness such statement was not found. Being asked by the court the appellant accused persons disclosed their identity as Tajul Islam, Saddam Hossen, Rabban Ali, Samiman Hossen and Dudhu Miah. The witness further identified the seized Maruti Alto vehicle which was seized by police with seizure memo on 20. 11. 2021 and the same was marked as Exbt. MO P-9. 11. PW-2 is the victim. She deposed on oath that on 19. 11. 2021 at around 7. 00 pm she along with her husband went to Rash Mela at Patichari and at about 2. 30 a. m. while they were returning back towards their house situated at Jalema from Rash Mela by motor bike, that time on the way after crossing the Tepania Park, Udaipur over on Agartala- Sabroom NH one Alto silver coloured car dashed against the motor bike of her husband. Thereafter said car again dashed against the motor bike for which she fell down on the ground and after that the vehicle stopped.

That time three persons came out from the car and out of them two persons started assaulting her husband with an iron rod and one of them hold her forcefully. That time two more persons were inside the car and came out to help the man who was holding her to take her inside forcefully. Inside the car she was brutally assaulted by them and kept at the foot space instead of seat. She was taken towards Tepania Gas godown and further taken towards a jungle. There she was taken out from the car by the accused persons and they were assaulting her incessantly. After taking her inside the jungle they forcefully undressed her and pulled down her panty and all of them one by one committed rape upon her. They also gave bite injuries on her breast and cheek. They also inserted their fingers on her private part. She lost her sense and after regaining her sense she found herself alone inside the jungle without any cloth on her body. Then she found her clothes nearby and dressed herself.

Then all of them came in search of her but she concealed herself inside the jungle. Second time they again came in search of her and started calling her “‘kaki’ ‘kaki’, come out, we will drop you nearby the road. ’’ They also whispered them if she was spared then she may cause harm to them. Somehow she managed to conceal herself inside the deep jungle after pressing her mouth so that sound may not come out. After rising of the Sun she heard sound of motorcycle and hearing that she tried to come out but again hide herself. After that she came out from the jungle again and in the sunlight she found one road and there she found an old man with a bicycle to whom she narrated entire incident and requested him to help her. He accordingly helped her and took her towards Barabhaiya school. There they found one boy was coming with a scooty and the old man requested the boy to help her to reach at Bagma bazaar. There she made a call to the mobile of her husband with the mobile of that boy.

His mobile phone was responded by one Darogababu. That time she was asked by Darogababu about her location to which she informed that she was located at Barabhaiya. Then she was dropped at the Bagma main rod by that boy with his scooty. Meanwhile she found one of her villager namely David Jamatia coming with a scooty who lifted her from there and on the way she found police vehicle and she was taken inside of that vehicle for Women PS. At around 1. 00/1. 30 pm she met with her husband there. Though police asked her about the incident but due to fear and shame she failed to say elaborately the entire episode to the police. Then she was taken to Udaipur Hospital for her treatment. At around 2. 00/3. 00 pm she along with her husband and other family members proceeded for their house. After reaching the house at the time of bath her husband and her mother found injury marks on her body to which they asked her about those injuries. But she could not tell them due to fear and shame. On 21.

11. 2021 she was taken by her family members for treatment to the District Hospital, Tepania, but due to huge crowd they failed to visit any doctor and then came back to house. On 22. 11. 2021 her husband took her to Khumulung Hospital, Jirania for treatment and till 25. 11. 2021 she received treatment therein. During that time she narrated her incidents to her husband, other family members and Doctor of such hospital. She was advised by the attending Doctor to lodge complaint and accordingly police came at Hospital. There she lodged her complaint as written by her husband with the help of police as per her version wherein she put her signature. Witness identified her signatures in two sheets which are marked as Exbt. P-11(series). On 25. 11. 2021 she was referred to GB Hospital, Agartala and accordingly she visited the same wherein she was advised for admission. There CT scan was done and some medicines were given to her.

Due to fear she did not take admission at GB Hospital and returned back to house at night. After 3/4 days she was produced before the court for recording her statement. There she narrated the incidents to the court and it was recorded as per her version wherein she put her signature. She identified her signatures on the statement recorded by the court which were marked as Exbt. P-12 (series). After that one TI Parade has been conducted wherein she put her signature as an identifying witness. The witness identified her signature which was marked as Exbt. P-13 and also put her signature on the seizure memo after the seizure of wearing apparels. Witness identified her signature which was marked as Exbt. P-7/1. She also put another signature in another seizure memo after the seizure of ladies belt, broken bangles, towel, iron rod etc. She identified her signature marked Exbt. P-6/1 and confirmed the seized ladies belt which already been marked as Exbt. MO P-7 (series).

She also identified towel, “S” logo of car and iron wheel spanner which were marked as Exbt. MO P-9(series). She identified all the accused persons in the court dock. She identified the accused as serial No. 1 by pointing finger and stated that said accused gave bite injuries on her breast and on cheek. She further identified by indicating her finger to another accused at serial No. 3 stating that said accused has given rod blow to her husband accused standing at serial No. 2 tried to give dao blow to her husband and rest others standing at serial No. 4 and 5 forcefully dragged her inside the car with accused standing at serial No. 1. During cross-examination she stated that she has seen the accused persons in the court first time after the incident. She was confronted with the statement that at that time two persons were inside the car and helped the man who was holding her to take her inside of that car forcefully.

On drawing attention such statement was not found in her statement recorded by I. O. under Section 161 of Cr. P. C. and also under Section 164(5) of Cr. P. C. specifically. She further stated that she stated to I. O. that she was taken towards Tepania Gas godown but on drawing attention such statement was not found to her statement recorded by I. O. under Section 161 of Cr. P. C. and also by court. She was confronted with the statement that she stated to Magistrate that the accused person inserted their fingers in her private part. But on drawing attention to the statement recorded under Section 164(5) of Cr. P. C. the witness stated that such statement was not there although she stated only ‘he inserted finger’. She was further confronted with the statement that he stated to I. O. that after meeting with one villager namely David Jamatia he lifted her in his scooty from there. On drawing attention such statement was not found to the statement of witness recorded by I. O.

She was again confronted with the statement that she stated to I. O. that after reaching the house at the time of bath her husband and her mother found injury marks on her body to which they asked her about the injuries. But she could not tell them due to fear and shame. But on drawing attention same part of statement was not found in the statement of witness recorded by I. O. under Section 161 of Cr. P. C. She also stated that her ejahar does not speak who had written the same and it does not contain about the place of his lodging to the police and it does not contain that it was written as per her version. Being asked by the court the accused persons standing on the dock disclosed their name one by one. Nothing more came out relevant from her cross-examination. 12. PW-3, Surya Mohan Jamatia is the father of the informant, Rana Bahadur Jamatia i. e. PW-1 has stated that on 19. 11. 2021 at around 7/7. 30 p. m.

in the evening his son and his wife (the victim) had gone to attend one Rash Mela at Patichari, but they did not return home at night. On the next morning PW-3 along with one villagers namely David Jamatia were on morning walk that time one police Constable namely Rajkumar Debbarma called him to his mobile and asked him about his son and his wife and told him to visit to R. K. Pur PS as early as possible and accordingly he informed the matter to his wife and along with David Jamatia and another villager „Jamai‟ proceeded towards R. K. Pur PS at 6. 00 a. m. in the morning. When he reached there he saw his son and he has narrated the whole incident to his father. He lodged one ejahar at 9. 00 a. m. in the morning. At around 10. 00 a. m. one phone call has came to the informant‟s mobile and the police has received that call of his daughter-in-law who stated that she was at Barabhaiya at Bagma. Subsequntly his daughter-in-law has been recovered and taken to R. K.

Pur Women PS and at around 1. 30 p. m. he went to R. K. Pur Women PS where he found his daughter-in-law was crying continuously. His daughter-in-law was also not in a condition to say anything and further she was taken to hospital for treatment. He further stated that at around 5. 00 p. m. in the evening she was taken to her house and while her mother-in-law gave her bath she found some bite injury marks on different parts of her body. Subsequently on the next morning she was taken to Tepania district Hospital for treatment but she refused to admit in that hospital due to huge crowd. On the next morning she was taken to Khumulung Hospital, Jirania where she admitted for 4/5 days. In that particular hospital the victim informed the whole incident. The victim also stated that after a prolong torture upon her she lost her sense and when she regained her sense she saw herself in a deep jungle. According to the victim she was brutally assaulted by all the miscreants.

After that, the accused persons returned to the PO and asks for coming out after addressing to her as “kaki kaki come out, we will drop you at your desired place”, but she refused and hide herself inside the deep jungle. The victim has further stated after getting dawn she came out from the jungle and found one old man proceeding with a bicycle and requested him to found a road for her so that she can proceed. Meanwhile, one school boy came out there with a scooty and his daughter-in-law requested him to call in a mobile number and accordingly call was made which was received by the police. The victim girl refused to narrate the incident earlier as she was just a newly married woman of about 9-10 days. During cross-examination he stated that after getting call from police Constable along with David Jamatia he proceeded towards R. K. Pur PS via Bagma from their village Jalema. He further stated to the I. O.

that after reaching to the house his wife gave bath to his daughter-in-law when she saw several injury marks on different parts of her body. Nothing more came out relevant except denial. 13. PW-4, Barnabala Jamatia is the mother-in-law of the victim. She deposed that on 19. 11. 2021 at around 7/7. 30 p. m. the informant i. e. her son and the victim had gone to attend one Rash Mela at Patichari, but they did not come back at night. On the next day in the morning her husband i. e. PW-3 after coming from morning walk informed her that an incident took place with her son and for that he has to go to R. K. Pur PS. Accordingly he along with David Jamatia and another villager known as „Jamai‟ rushed to R. K. Pur PS at around 9/9. 30 a. m. in the morning where he found his son. He asked him what happened to which he informed him i.

e his father that on the previous day night while he along with his wife were returning from Rash Mela by his motorbike and when they crossed the Tepania Park at around 2/2. 30 a. m. their motorcycle has been dashed twice from the backside by an Alto car. He also stated that at the first time nothing was happened but at the second time his daughter-in-law i. e. the victim dashed by that car and fell down from the motor cycle. Then three persons came out from that Alto car and gave a rod blow upon her son. His son informed him that the other two persons came out from that car and brutally assaulted his son and his daughter-in-law and they had taken away his daughter-in-law forcefully inside the Alto car for Udaipur. Subsequently at around 1/1. 30 p. m. his daughter-in-law was brought to the R. K. Pur Women PS and met with her and asked her about the incident to which she could only say that she was brutally assaulted by the accused persons who has taken her into the Alto car.

After that his daughter-in-law was taken to Udaipur Hospital by the police and at around 5/5. 30 p. m. they left the PS for their house. After reaching to the house when she was taking bath she (PW-4) saw severe bite injuries on her breast, private parts, face and on backside of her body. She also found swollen injuries on different parts of her body including on the eyes. She also stated that after completion of bath she was not able to dress her as she was crying due to pain and PW-4 wrapped her on the shoulder with a soft cloth and taken her to the bed for sleeping. Her daughter-in-law was not able to sleep whole night due to pain and she was continuously screaming. After that, the family members on the next day morning took her to the Tepania District Hospital for treatment but failed to admit therein due to crowd. On 22. 11. 2021 they had taken her to Khumulung Hospital, Jirania for further treatment wherein she was admitted for few days. On 23. 11.

2021 her daughter-in-law stated her (PW-4) in presence of her husband and her son that on the alleged night of incident after taking her inside the deep jungle all the five persons brutally assaulted her with fist and blows as well as kick blows and then all of them committed rape upon her. Due to the incident her daughter-in-law lost her sense and those accused persons left her in anticipation of her death. She also stated that the victim told them that after the commission of rape the accused persons also inserted the blunt back side of a knife inside her private parts. Meanwhile she regained her sense and she had gone further inside a deep jungle for hiding herself where she could heard the voice of accused persons nearby of her calling her “kaki kaki, come out, we will drop you at the main road”. After the end of the night her daughter-in-law came out from the jungle and recovered a route where she found one old man coming with a bicycle.

She requested him to help her for reaching to main road and that time one school boy was also coming with a scooty to whom the old man requested to drop her daughter-in-law at the main road. Accordingly she was dropped at the main road by that school boy with a scooty and after reaching at the main road she made a call with the mobile of said school boy to the mobile of her husband which was received by the police. As a result of which she was recovered by the police and taken to R. K Pur Women PS. PW-4 stated that the daughter-in-law i. e. the victim could not say anything earlier about the incident as she was in fear and in hesitation being just newly married of just 9/10 days from the alleged incident. On 24. 11. 2021 she put her signature on the seizure memo after the seizure of vaginal swab of her daughter-in-law marked as Exbt. P/14 and also put her signature on the seizure of wearing apparels seized by the police which was marked as P-7/2.

She also put her signature in the seizure memo after the seizure of some articles along with iron rod, one iron wheel and one “S” logo of vehicle marked as Exbt. P-6/2. Witness confirmed the seized articles which were marked as Exbt. M. O. P-8(series) and Exbt. M. O. P/7 (series) respectively. She also put her signature after the seizure of blood samples marked as Exbt. P-15. During cross-examination she deposed that she has met with the I. O. along with her daughter-in-law at around 1/1. 30 p. m. She also stated to I. O. that after completion of bath she was not able to dress her as she was crying due to huge pain and as such she wrapped her on the shoulder with a soft cloth and took her to the bed for sleeping. She also stated that her daughter-in-law was not able to sleep whole night due to pain. She also deposed to I. O. that on 21. 11.

2021 she was taken to the Tepania District Hospital for treatment but she could not admit therein as she became nervous after hearing Bengali conversation. She deposed that on 23. 11. 2021 her daughter-in-law in presence of her husband and her son told that on the alleged night of incident after taking her inside the deep jungle all the five persons brutally assaulted her with fist and blows as well as kick blow and then all of them committed rape upon her. Attention of the witness was drawn to her previous statement recorded by the I. O. to which witness stated that on which date, to whom and in whose presence her daughter-in-law stated about her incident are not there. She was further confronted with the statement that she stated to the I. O. that the accused persons inserted blunt back side of a knife inside the private parts of her daughter-in-law. Attention of the witness was drawn to her previous statement recorded by the I. O.

to which witness stated that such statement was not there. Nothing more came out relevant. 14. PW-5, Shri Gaya Sadhan Jamatia is the elder brother of the victim. He deposed that on 19. 11. 2021 evening time at around 7. 00/7. 30 p. m. he met his younger sister and her husband at Khamar Para, Bagma while they were proceeding towards Rash Mela at Patichari by a motor cycle. On the next day i. e. 20. 11. 2021 at around 5. 30 a. m. the mother of Rana Bahadur (the informant) informed him that one call has come from the PS in the mobile of the father of Rana Bahadur. Then he along with the father of Rana Bahadur and another David Jamatia rushed towards the R. K. Pur PS, but on arrival he found only Rana Bahadur there and could not find his younger sister. On being asked Rana Bahadur told that on the previous night while he (the informant) along with his wife (the victim) were returning back from Rash Mela on the way after crossing the Tepania Park at around 2. 00/2. 30 a. m.

their motor cycle has been dashed twice from the back side by a Alto silver colour car. After dashing second time his younger sister fell down from the motor cycle and then three accused persons came out from that car and out of them one accused person chased his younger sister and other two accused persons assaulted Rana Bahadur with an iron rod. Rana Bahadur futher informed them that then two other accused persons came out from that car and all of them forcefully taken away his younger sister inside of that Alto car towards Udaipur. Then Rana Bahadur went to the District Hospital, Tepania and there he narrated the incident to one police constable who asked him to visit the R. K. Pur PS. Then he visited the R. K. Pur PS. In the PS at around 9. 00/10. 00 a. m. one call had come to the SIM of Rana Bahadur Jamatia installed in the mobile of one police which was called by his younger sister who stated that she was at Bagma crossing.

Then he accompanied with the police proceeded towards Bagma crossing and recovered his younger sister and brought to the R. K. Pur Women PS. Subsequently she was taken to Udaipur Sub-Divisional Hospital for treatment. Later on, at around 5. 00 p. m. in the evening they left the PS for their house at Jalema. After reaching to the house when mother of Rana Bahadur gave bath to his younger sister that time severe injury marks were found all over the body of his younger sister which he came to know from the mother of Rana Bahadur. On the next morning they had taken her sister to the Tepania District Hospital for treatment, but failed to get her admitted therein as she became nervous after seeing unknown faces there. On the next morning i. e. on 22. 11. 2021 his younger sister was taken to Khumulung Hospital, Jirania for further treatment. He stated that he had gone to Khumulung Hospital on the next day i. e. on 23. 11. 2021.

There his younger sister stated to them in front of doctor and police about her incident that on the alleged night of incident after taking her inside the deep jungle all the five persons brutally assaulted her with fist and blows as well as kick blow and then all of them committed rape upon her one by one. On being asked, his younger sister told that due to newly married as well as out of shame she could not state earlier about her incident to them just after the incident. He returned back from the Khumulung Hospital in the evening. He put his signature on the seizure memo after the seizure of one VIVO mobile phone, broken ladies shoes and broken pieces of white „shakha‟. He identified his signature marked as Exbt. P-1/1. Witness also confirmed the seized articles which already been marked as Exbt. MO. P-4 and Exbt. MO. P-5 (series). During cross-examination he stated that he stated to the IO that Rana Bahadur told them about the incident.

On drawing attention such statement was not found to the statement of witness recorded by I. O. He also stated to the IO that after reaching to the house when mother of Rana Bahadur gave bath to his younger sister that time severe injury marks were found all over the body of her which he came to know from the mother of Rana Bahadur. On drawing attention such statement was not found to the statement of witness recorded by I. O. He has further stated in the cross-examination that he stated to the IO that on 23. 11. 2021 he had gone to Khumulung Hospital, Jirania. He also stated to the IO that at Khumulung Hospital, Jirania in presence of them, doctor and police, she (victim) told her incident. On drawing attention such statement was not specifically found to the statement of witness recorded by I. O. Nothing more came out relevant. 15. PW-6, Sahadeb Dutta posted as Forest Guard of Tepania Forest Range. He deposed that on 20. 11. 2021 morning time at around 7. 00/7. 15 a. m.

while he was proceeding towards his house after completing his night duty by using the road below of Tepania District Hospital on the way near Tepania Smriti Ban (jungle) Forest Range he could hear the voice of one lady calling him from back side after saying “Uncle, uncle, save me. ” Then he stopped his bicycle and turned towards the lady. After reaching nearby to her he saw several bleeding injury marks on her whole face and asked her about those marks. Then she told him that on the previous night while she was returning with her husband from Rash Mela on the way nearby Tepania Park they were detained by 4/5 persons and she was taken by those persons after being beaten by them towards the jungle. She also told him that her husband also beaten by those persons. She further told him that inside the jungle she was sexually assaulted by those 4/5 persons and after getting dawn she came out from jungle.

He stated that the lady also requested him to drop her to her house, but in the meantime, one of his village nephew namely Joy Saha arrived there with his scooty. Then he requested his said nephew to drop the lady at the Bagma Hospital Choumohani. Then one phone call also been made by said lady with the mobile of Joy Saha wherein she stated that by 10 minutes she might be on the Highway road. Said Joy Saha took the lady towards the Bagma Hospital Choumuhani. During cross-examination he stated that he told to the I. O that the lady told him that inside the jungle she was sexually assaulted by 4/5 persons. On drawing attention such statement was not specifically found to the previous statement. Nothing more came out relevant. 16. PW-7, Joy Saha was a student of Class XII of Ramesh School deposed that on 20. 11. 2021 morning time at around 8. 10 a. m.

while he was returning towards his house from tuition by using the road of below Tepania District Hospital, on the way he found one of his village uncles namely Sahadeb Dutta with one lady nearby the down road just ahead of Barabhaiya School. There he also saw the lady with severe swollen injuries all over on her face who also requested him to make a mobile call to her family. There on being asked to the lady he came to know that on the previous night while they were returning towards house from Rash Mela on the way they were detained by 4/5 persons nearby Tepania Park and she was taken by those persons after being assaulted by them. She further stated that her husband also been assaulted by those persons. Then she called to her family with his mobile. He also talked to one person from other side and he requested him to come at Barabhaiya School to which that person replied that he do not know the address of said school.

Then it was agreed that the lady will be dropped at Bagma Hospital Choumuhani. Then he took the lady towards Bagma Hospital Choumuhani with his scooty, but on the way she was requesting him to drive the scooty slowly as she was having pain all over on her body. Then he dropped her at Bagma Hospital Choumuhani. There the lady was taken by her known persons. During cross-examination nothing came out except denial. 17. PW-8, Mani Bala Das was posted as Constable in the R. K. Pur Women PS on 12. 12. 2021 and on that date she was performing duty with the Inspector of Police namely Mina Debbarma along with Forensic Team. On that date said Inspector of police had seized dry leaves, soil from the PO by preparing seizure memo wherein she put his signature. Witness identified her signature marked as Exbt. P-16. During cross-examination nothing came out except denial. 18. PW-9, David Jamatia deposed that on 20. 11.

2021 police has seized money bag, PAN card, Debit card, voter I-card of Rana Bahadur by preparing seizure memo at Barabhaiya, Bagma wherein he put his signature and identified his signature marked as Exbt. P-2/1. In the cross-examination he stated that he could not say the case number as well as the GD entry number. He also stated that he put his signature in the PS on 20. 11. 2021 at around 6. 00/6. 30 a. m. in the morning. 19. PW-10, Sabi Rani Debbarma was posted as the Staff Nurse at TSSD Hospital Udaipur on 20. 12. 2021 and on that date the Inspector Police namely Smti. Mina Debbarma has seized blood sample of victim in gauze cloth by seizure memo wherein she put her signature. Witness identified her signature marked as Exbt. P-15/1. She also put her another signature in the blood sample authentication form of the victim. Witness identified her signature marked as Exbt. P- 17. Nothing came out relevant during the cross-examination. 20. PW-11, Dr.

Aniruddha Roy was posted in the TSSD Hospital, Udaipur, Gomati District as the Medical Officer on 20. 11. 2021 and on that date he received a prayer from the O/C, R. K. Pur Women PS, Udaipur for arranging formal medical check-up of the victim in connection with R. K. Pur Women PS GDE No. 09 dated 20. 11. 2021. At around 12. 17 pm he examined the victim medically with complaint of alleged history of physical assault yesterday night blunt trauma over right hand, face, back, chest and both legs. On local examination he found the followings: 1. Black eye present in right eye with sub conjunctival hemorrhage in right eye, 2. Multiple abrasion over neck right side ranging over 1 cm x 0. 1 cm. No pattern found. 3. Both nipple lacerated injury present over measuring 1 com x 0. 1 cm each. 4. Multiple scratch abrasion over back and chest ranging 2 com x 0. 1 cm to 1 cm x 0. 1 cm. No specific pattern. 5. Tenderness present in right forearm with bruise in rd upper 1/3 . 6.

Multiple abrasion and scratch mark over inner side of thigh and buttock ranging from 3 cm x 0. 1 cm to 1 cm x 0. 1 cm. 7. Bruise over right leg 2 cm x 3 cm recent. No joint deformity. The above findings was given by her in the back page of such prayer of the Duty Officer of R. K. Pur Women PS, Udaipur and the signature has been marked as Exbt. P- 18. Subsequently he prepared a report in connection with R. K. Pur GDE No. 09 dated 20. 11. 2021 connecting case No. 2021 RKP 179 dated 20. 11. 2021 on the examination of the victim. He had mentioned in his injury report that at around 12. 17 pm he examined the victim medically with complaint of alleged history of physical assault yesterday night of blunt trauma over right hand, fact, back, chest and both legs. On local examination he found the followings: 1. Abrasion in the right side of neck linear, no exact pattern multiple in numbers measuring 1x 0. 1 com to 2x 0. 1 cm, recent in age caused by blunt or semi sharp object. 2.

Abrasion in the inner side of both upper thigh linear, no exact pattern multiple in numbers measuring 3x 0. 1 cm to 1x 0. 1 cm, recent in age caused by blunt or semi sharp object. 3. Sub conjunctival hemorrhage with black eye on right eye conjunctiva and around rightly in irregular shape, recent in age, caused by blunt object. 4. Bruise on the right forearm anterior aspect in upper 1/3rd area measuring 5 cm x 5 com, recent in age, caused by blunt object. 5. Bruise on the right leg in middle 1/3rd area measuring 2 cm x 3 cm, recent in age, caused by blunt object. 6. Laceration around right nipple of the right breast over areola measuring 1 cm x 0. 1 cm x skin depth curved, recent in age, cause by semi sharp or blunt object. 7. Laceration around left nipple of the left breast over areola measuring 1 cm x 0. 1 cm x skin depth curved, recent in age, caused by semi sharp or blunt object. 8.

Multiple abrasion over upper chest around both breast linear no exact pattern, multiple in numbers measuring 1x 0. 1 cm to 2x 0. 1 cm recent in age, caused by blunt or semi sharp object. 9. Abrasion over upper back linear no exact pattern, multiple in numbers measuring 3x 0. 1 cm to 1 x 0. 1 cm recent in age, caused by blunt or semi sharp object. This was his report in three sheets bearing his official seal and signatures. On being identified by the witness the report is hereby marked as Exbt. P-19 and signatures are marked as Exbt. P-19/1 (series). During his cross-examination he stated that in his report all the injuries are simple in nature except the injury at Sl. No. 3. It is not possible to receive such type of injuries after falling from running motor cycle. There might be abrasion if the injured got fallen from running motor cycle. 21. PW-12, Pradip Debbarma deposed that on 20. 11.

2021 he accompanied SI of Police namely Debabrata Biswas towards Khedabari under PS Sonamura into the house of one Tajul Islam and at around 12. 30 hours said SI of Police had seized one Maruti Alto 800 vehicle bearing registration No. TR 04 A 0370 (silver colour), one black coloured helmet, one pink coloured ladies woolen cap, 4/5 nos. of mobile phones by preparing seizure memo wherein he put his signature. He identified his signature which is marked as Exbt. P-3/1. He stated that on that date said Daragababu also seized one golden coloured ear ring and mobile phones by preparing separate seizure memo wherein he put his signature. He identified his signature which is marked as Exbt. P-4/1 and confirmed the seized articles which already been marked as Exbt. MO P-1, P-2, P-4, P-5, P-6 and P-9. He further stated that on 26. 11.

2021 Darogababu namely Debabrata Biswas also seized one black colour mobile from the possession Dudhu Miah at Shibnagar under PS Melaghar by preparing seizure memo wherein he put his signature and identified his signature marked as Exbt. P-20. Nothing more came out relevant during cross-examination. 22. PW-13, Chandan Das stated that one of his brothers namely Nirmal Das was the previous owner of Maruti Alto car bearing registration No. TR 04 A 0370 who sold the same to one Tajul Islam of Sonamura, Khedabari approximately one year back. He was the middleman of such transaction. Said Tajul Islam was previously known to him being his customer who sometimes visited his garage at Sonamura Motor Stand for repairing of his vehicle. After that all the vehicular documents has been transferred in the name of Tajul Islam. On 20. 11. 2021 police had seized said Maruti Also car, one black coloured helmet, mobile phones and other articles by preparing seizure memos wherein he put his signatures.

He identified his signatures marked as Exbt. P-3/2 and Exbt. P-4/2 and confirmed the seized articles marked as Exbt. MO P-4, P-5 and P-9, but he was not sure about the colour of the seized helmet which is marked as Exbt. MO P-1. In the cross-examination he deposed that only the seized car and other articles were shown to him on the road and being asked by police he put his signatures. Nothing more came out relevant in the present context. 23. PW-14, Makhan Debnath, SI of Police stated that on 12. 12. 2021 he was posted in the Crime Branch, SCRB, Agartala, West Tripura and on that date the Inspector of Police namely Smti Mina Debbarma of Crime Branch had seized dry leaf, soil at Udaipur Smritivan under Killa Forest Range, Udaipur by preparing seizure memo wherein he put his signature and he identified his signature marked as Exbt. P-16/1. Nothing came out relevant in the cross-examination. 24. PW-15, Dr. Munmun Debbarma stated that on 13. 12. 2021 she was posted being the Sr.

Resident, Dept. of Psychiatry at AGMC & GBP Hospital, Agartala and he was also one of members of one Special Medical Board along with two other members. On that day they had examined the victim in connection with R. K. Pur Women PS Case No. 2021 WRP 0077 dated 25. 11. 2021 under Section 376(D) of IPC after receiving the requisition from Women Inspector of Police namely Smti Mina Debbarma of Crime Branch, Agartala. The examination was commenced at 3. 45 pm and concluded at 4. 25 pm. Victim was examined at Labour room, Dept. of Obstetrics and Gynecology, AGMC & GBP Hospital. The victim was accompanied by one Women Head Constable namely Smti Bela Rani Debbarma and one relative namely Smti. Barna Bala Jamatia. The brief history has been stated in the report itself. The victim stated that she had taken bath and changed her clothes several time following the incident, she was complaining of sleep disturbances, weakness, palpitation, body ache and fearfulness.

She was having repeated crying spells. PW-15 stated that she (the victim) was conscious, cooperative, well oriented to time, place and person and her gait was normal. After examination they found mental status of victim as follows: Her mood and affect is sad, her psychomotor activity is decreased and she is having repeated crying spells. Development of secondary sexual characters:- Auxiliary hair present, adult type. Breast: Breast mount is well developed. Details of injury present over the body:- 1. 3 nos. of cresentric shaped healed abrasions are present adjacently over an area of 3 cm x 0. 8 cm on the right areola of breast surrounding the nipple. 2. nos. of cresentric shaped healed abrasions are present adjacently over an area of 3. 5 cm x 0. 8 cm on the left areola of breast surrounding the nipple. 3. One healed scar, 3 cm x 1 cm is present on the lower part of right breast which is situated 4 cm below the nipple. 4.

Multiple healed scratch abrasions, 7 in number are present on the inner aspect of left leg and left thigh over an area of 8 cm x 6 cm, ranging in measurement from 0. 5 cm x 0. 2 cm upto 1 cm x 0. 5 cm. 5. Multiple healed scratch abrasions, 8 in number are present on the outer aspect of both buttocks over an area of 14 cm x 10 cm, ranging in measurement from 0. 5 cm x 0. 2 cm upto 1 cm x 0. 5 cm. 6. One yellowish coloured contusion, 1 cm x 0. 5 cm is present on the outer aspect of the right upper eye lid. On local examination tenderness is elicited in right buttock and right wrist region. i. injury No. 1, 2 and 3 are possible by human bite. ii. Injury No. 4 is possible by human finger nail tip. iii. injury No. 5 is possible by friction over uneven surface. iv. Injury No. 6 is possible by hard and blunt force impact. All the injuries mentioned above are 3 weeks to 4 weeks in duration at the time of examination.

Examination of the private parts:- Pubic hair present, adult type, non matted. Hymen: Old healed tears are present at 3 O‟clock, 5 O‟clock, 6 O‟clock and 9 O‟clock positions. The victim was discharged after examination with advice‟s. After receiving the vaginal swab analysis report they had given final opinion that there is presence of genital and physical injuries. Although semen/spermatozoa of human origin could not be detected in the vaginal swab, there are signs suggestive of forceful sexual intercourse. The report containing 4 pages bearing her signature. She identified the report which is marked as Exbt. P-21 and her signatures including initials are hereby marked as Exbt. P-21/1 (series). During cross-examination she stated that the report does not contain any official seal. Her initial also does not contain official seal. She also stated that at the time of examination of the private parts of victim she was present being one of the members of the Medical Board.

She did not examine the private parts of the victim which was done by the Gynecologist namely Dr. Madhumita Roy. She has no specialization in Gynecology and Forensic Medicine. Being an MBBS doctor She can say about the age of any injury though she has no specialization in Forensic Medicine. She has no idea about formation of Medical Board with MD doctors which was formed by the Health Department since any MBBS doctor can given opinion about the age of injury after examination. She

Source: Supreme Court eSCR. Dataset: Dattam Labs, CC BY 4.0. Text extracted automatically; compare with the source PDF for layout and accuracy.