SOMNATH MAJHI Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The appellants have preferred the instant appeal on being aggrieved by and dissatisfied with the impugned judgment of conviction and sentence dated 18.11.2017 passed by learned Additional District and Sessions Judge, Fast Track, 1st Court, Purulia, in connection with Sessions Trial No. 02(10) of 2015for the charges under Sections 351/34 and 354/34 IPC against each of the appellants.

(2.) The genesis of the instant appeal relates to an FIR lodged with Para Police Station, by one Bisaka Mandi on the basis of which Para Police Station Case No. 52 of 2015 dated 18.05.2015 was registered for investigation into offences punishable under Sections 450/376D of the Indian Penal Code against the appellants and two others and upon completion of the investigation, charge-sheet No. 71/2015 dated 03.07.2015 under Sections 450/376D of the Indian Penal Code was submitted against the appellants and two others.

(3.) To briefly advert to the facts of the prosecution case as made out in the charge-sheet is that the prosecutrix was sleeping after dinner in her bed room on 17.05.2015 when suddenly at about 9:00/10:00 p.m. at night, four accused persons entered into the dwelling house of the father of prosecutrix and tied her face with a piece of cloth ('gamcha') and forcibly took her to a field behind the house and tossed her on the ground and forcibly committed rape one by one. The case was committed to the Court of the learned Sessions Judge, Purulia who made over the case to the learned Additional District and Sessions Judge, Fast Track 1st Court, Purulia for trial and disposal.