- (1.) THE appeal was listed for the first time for hearing before us, since none appeared on behalf of the appellants, Madan Bagdi @ Jamai and Sajal Bagdi, we directed that they shall be produced in person before us. Accordingly, when they were produced, they expressed their disability to engage any lawyer. In such circumstances, we engaged Mr. Swapan Kumar Mallick, a lawyer in the panel of State Legal Aid Service and having practiced for more than 32 years in this Court as a criminal lawyer to contest the appeal on behalf of the said two appellants.
(2.) IT may be noted when the appeal was admitted, the Court admitting the appeal as was of the opinion, the sentence imposed against the appellants, Madan Bagdi @ Jamai and Sajal Bagdi were not adequate, issued a Rule calling upon them to show cause as to why their sentence shall not be enhanced. Both the Appeal and the Rule are taken up for hearing together.
(3.) THE appellants, Haradhan Bagdi, Madan Bagdi @ Jamai and Sajal Bagdi all three in a Sessions Trial were charged under Section 376(2)(g) IPC for committing gang rape on the victim. At the end all were convicted for the said offence and while Haradhan Bagdi was sentenced to suffer imprisonment for life and to pay fine with default clause, the remaining two convicts, Madan Bagdi @ Jamai and Sajal Bagdi were sentenced to suffer Rigorous imprisonment for ten years and to pay fine with default clause. In this appeal all together challenged their order of conviction and sentence. Heard Mr. Tapan Dutta Gupta,the learned Counsel appearing on behalf of the appellant Haradhan Bagdi and the learned Counsel Mr. Swapan Mallick appearing on behalf of the rest two appellants as also Kakali Chatterjee for the State. Perused the depositions of the witnesses and the impugned judgement.;