- (1.) The instant appeal is directed against the judgment dated 31st August, 2004 and the order dated 1st September, 2004 passed by the learned Additional Sessions Judge, Fast Track Court No. 1, Barasat, 24-Parganas (North) in Sessions Trial No. 12(4)/04 arising out of Sessions Case No. 26(2)/04.
(2.) Learned Trial Court, by the said judgment and order, found the accused persons, namely, Susanta Chowdhury, Bireswar Dhali, Laxman Tarafder, Ramesh Majumder and Ripon Biswas guilty for the offence punishable under Sections 448/354/376(2)(G)/506 of I.P.C. They were sentenced to suffer imprisonment for life and to pay fine of Rs. 5,000/- each, in default, to suffer imprisonment for a further period of one year for the offence under Section 376(2)(G) of I.P.C. The learned Trial Court passed separate sentences for the offences under Section 448, Section 354 as well as 506 of I.P.C. Being aggrieved by the said judgment and order of conviction and sentence, the convicts, as appellants, approached this Court by filing this appeal. The prosecution case, in brief, is as follows :- On 26th February, 2002, the appellant, Susanta Chowdhury and others went to the house of the defacto complainant by five/six motor cycles at wee hours. After assailing the defacto complainant and his two daughters, they dragged the said daughters and outraged their modesty. The accused Susanta, Laxman and Bireswar committed rape upon the youngest daughter repeatedly. The other associates of Susanta threatened them and accused, Bablu Podder, put the barrel of a gun into the mouth of the husband of the defacto complainant. They were far too scared to raise an alarm. They could not even gather the courage to lodge FIR. The defacto complainant some how succeeded to identify accused persons, namely, Susanta, Bireswar, Laxman, Ramesh, Naresh and Ripon Biswas.
(3.) On the basis of the said complaint which was treated as FIR, Police authority started Gaighata P.S. Case No. 158 dated 16.8.2002 under Sections 448/376(2)(G)/354/506 of I.P.C. and Section 25(i)(a)/27 of Arms Act. Such complaint was lodged on 16th of August, 2002 i.e., after about six months of the date of alleged occurrence. Police authority after completion of investigation submitted charge sheet. After commitment of the case and its subsequent transfer by the learned Sessions Judge, the case reached the learned Trial Court. Charges were framed against the five accused persons, namely, Susanta Chowdhury, Laxman Tarafder, Bireswar Dhali, Ramesh Majumder and Ripon Biswas under Sections 448/376(2)(G)/354/506 of I.P.C. The accused persons pleaded not guilty to the said charges and the same were read over and explained to them and they claimed to be tried.;