- (1.) THIS appeal arose out of judgment and order of conviction dated 18.01.2007 passed by learned Additional Sessions Judge, Fast Track Court -III, Paschim Midnapore in Sessions Trial No. 7 (September) 2006 arising out of P.S. Case No. 58 of 2006 in connection with G.R. Case No. 666 of 2006 convicting the appellants under Section 376(2)(g) of the Indian Penal Code and sentencing them accordingly.
(2.) IN the background of this appeal, the fact in a nutshell is as follows: - On 21.05.2006, the complainant Sandhya Singh and her husband Bhaku Singh went to see a 'Jatrapala' in the night at Kali Puja Mandap at their village Duan. There both the complainant and her husband felt asleep. In the dead at night at around 03.00 A.M., four persons called them and asked them to go home. Then the complainant and her husband were proceeding towards their home and in their pathway the four accused persons restrained them. The accused Sonatan Hansda and Ram Murmu caught hold Bhaku, the husband of the complainant, and Dharma Hansda caught the lip of Sandhya, the complainant, forcefully and Gora Mandi took the complainant to a til -field and lifted her wearing apparels and committed rape upon her by penetrating his penis into the vagina of Sandhya Singh. The husband Bhaku raised hue and cry and the villagers responded to his shout and by that time the accused persons fled away. On the next morning i.e. on 22.05.2006 at about 14.35 hours the victim lady Sandhya Singh lodged a written complaint before the O.C., Debra Police Station.
(3.) AFTER investigation police submitted charge -sheet under Section 376(2)(f) of the Indian Penal Code against the four accused persons. The case was committed to the Court of Sessions by the learned Magistrate concerned. Thereafter the learned Trial Court on hearing both sides framed charge under Section 376(2)(f) of the Indian Penal Code against the present appellants. The contents of the charge were read over and explained to the accused persons who pleaded not guilty and claimed to be tried.;