ASHIM KUMAR BANERJEE, J. - (1.) Basanta Roy was residing at the material time in a Kachha house within the Police Station of Bagnun in the District of Howrah along with his family members being his wife Sandha Roy, his son Sambhu and married daughter, the victim and her minor child aged about one and half years. On February 12, 2004 Basanta and Sambhu were sleeping on the outside room whereas Sandha and the victim along with her child were sleeping in the inner room. At about 02:30 / 03:00 a.m. when they were in deep sleep they certainly woke up hearing a sound of repeated knocking on the wall made of bamboo sticks. Initially they did not respond. Sandha tried to put resistance by holding the door. Such resistance failed. Three persons kicked and broke open the door and entered the room having torch light in their hand. They were Sabuj Khan Dakar, Kalo Khan and Akkas Khan. The accused belonged to Kachari Para an adjacent locality. Sabuj and Kalo had sword in their hand. Sabuj threatened the victim to kill her. They initially tried to drag her out of the room by. pulling her hands. The victim initially tried to resist them when Sabuj threatened her that he would kill her minor child.
(2.) The other inmates of the house could not put resistance out of fear. There was no other house in the near vicinity. Sabuj dragged her out of the house and took her to the Hijloke Burning Ghat about 30-40 cubits away towards north-eastern side. They committed rape on the victim one after the other by pressing her mouth. At least or.2 of them in rotation guarded the door of the house so that no one could come outside. This continued for an hour and a half. At the time of Ajan the victim's parents brought the victim girl who was lying almost unconscious and necked. She regained her sense subsequently. She was in acute pain and could not freely move for two days. On 16th February, her; parents took the victim to the police station and thereafter to the hospital for treatment. A local leader accompanied them whose wife was a panchayat member. All the three accused were arrested. They were found to be potent on being medically examined. They were charged under Section 376(2)(g) of the Indian Penal Code. All of them pleaded innocence and faced trial.
(3.) The prosecution produced as many as thirteen witnesses. The victim being PW-1 corroborated what she had stated in the complaint. In addition, she narrated in detail, the unfortunate incident that had happened on the night of February 12,2004.;