- (1.)This appeal is directed against the judgment and order dated 27th June. 2002 passed by the learned Additional Sessions Judge, 2nd Court, Nadia in connection with Sessions Trial Case No. lll(March) of 2002 arising out of Sessions Case No. 2(4) 2001 whereby the present appellants were convicted under Section 376(2)(g) of the Indian Penal Code and were sentenced to suffer R.I. for seven years each and also to pay a fine of Rs. 2000/- each in default further R.I. for six months.
(2.)The prosecution case leading to finding of conviction and sentence runs as follows : That one Iduyara Khatun, daughter of Kashem Sk. was raped by both appellants at about 10 A.M. on a date which was four days prior to commencement of 'Roja' in the year 2000 AD when said Iduyara Khatun had been to a nearby banana bagan of one Moinuddin Sk. for grazing goats and also for collecting dry leaves therefrom.
(3.)Soon after the occurrence, Iduyara reported the matter to her parents and her father immediately informed the persons in charge of local Mosque for intervention and a Salish was also held but the accused persons did not turn up at the Salish. The father of the victim girl thereafter at the advice of local people finally submitted a written complaint at local Thanarpara PS. on 1st January, 2001 and police started investigation of the same. After close of investigation ultimately charge-sheet was submitted against both the appellants under Section 376(2)(g) of the I.PC. It is pertinent to mention that in course of investigation the victim girl also gave a statement under Section 164 of the Cr.P.C. before the learned Judicial Magistrate.
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