Joymalya Bagchi, J. - (1.) The appellants are before us challenging the judgment and order of conviction under section 376(2)(g) of the Indian Penal Code and sentence of ten years rigorous imprisonment and fine of Rs. 20,000/- (Rupees twenty thousand only) each, in default, further sentence of one year rigorous imprisonment.
(2.) The crux of the prosecution case leading to the conviction is as follows: - On 5th May, 2004 P.W. 1, the victim herein, along with her husband P.W. 2 had gone to attend the marriage of their neighbour Haribandhu Das, P.W. 11. After the marriage they were enjoying a video show. At that time Premlal Das and Gopal Das, acquaintances of her husband called the latter away. After sometime Premlal and Gopal told the victim that her husband was lying senseless on the field. Accordingly, she accompanied them to the deserted field. There the appellants caught hold of her and committed rape upon her one after another. They also poured liquor into her mouth. As a result of such brutal assault, she became unconscious. Next morning, her brother, P.W. 5, who had accompanied her to the marriage informed her father, P.W.4 of the incident. P.W. 4 and others came to the spot and carried the victim and her husband to their residence. Victim gained consciousness at her father's residence and narrated the incident to her husband and others. She was treated in the hospital for three days. In the hospital she reported the incident to the doctor who treated her. Subsequently, she lodged complaint with Kakdwip Police Station resulting in registration of Kakdwip P.S. Case No. 45 dated 19.05.2004 under sections 376(2)(g) of the Indian Penal Code against the appellants.
(3.) During investigation, statement of the victim was recorded before the Magistrate and the charge-sheet was filed against the appellant.;