KALIDAS MUKHERJEE, J. - (1.) This application under Section 401/482 of the Code of Criminal Procedure is directed against the judgment and order passed by learned Additional Sessions Judge, Fast Track Court, Hooghly in Criminal Appeal No. 34 of 1999 dismissing the appeal and confirming the judgment of conviction and sentence under Section 376/34/114 of the Indian Penal Code passed by learned Assistant Sessions Judge, Hooghly in ST No. 184 of 1999.
(2.) The prosecution case, in short, is that on 04.3.1989 the victim girl lodged complaint with the P.S. alleging that she was a student of class VI in Bhadreswar Dharmatala Girls' School. She was aged about 14 years. It has been alleged that on that date at about 5.00 P.M. she accompanied her mother to the house of Tapan Dhar to view T.V. At about 6.30 P.M. she came back home and started reading her books. But, after 2/3 minutes she was going to the house of Tapan Dhar to call her mother and on the way Ashutosh Sarkar called her and told that someone was calling her towards the house of Nikhil Sarkar. As darkness prevailed, she did not agree to go there. Thereafter, Ashutosh caught her hand and forcibly dragged her towards the house of Basakbabu which was vacant at that time. At that place Susanta Bapari and Gopal were standing. On seeing them the victim cried out and at that time a person was passing by with a torch in his hand. Those three persons talked among themselves to remain quiet as Paritosh was passing nearby. Those persons thereafter forcibly took her to the house of Nikhil Sarkar where none was present at that time. Susanta and Gopal took her to the roof of the house and asked Ashutosh to remain at the gate so that none could come in. Thereafter, Ashutosh told them that Bapi was coming and, as such, Susanta and Gopal forcibly took her to the bamboo grove. The victim got frightened. Susanta forcibly made her lie down on the earth and removed her undergarment. Susanta committed rape upon her. After Susanta, Gopal committed rape upon her. At the time of leaving that place they threatened the victim with dire consequences, if it was disclosed to anybody. She narrated the incident to her mother and elder sister. After the receipt of the complaint, the Bhadreswar P.S. case No. 46 dated 04.3.19889 was started under Section 376(2)(g)/114/120B of the I.P.C. and after completion of investigation charge sheet was submitted.
(3.) Charge was framed against accused Susanta Bapari and Gopal Chakraborty under Section 376/34 I.P.C. and against accused Ashutosh Sarkar @ Ashu under Section 376/114 I.P.C. Charge was read over and explained to the accused persons who pleaded not guilty and claimed to be tried.;