Sankar Prasad Mitra, J. - (1.) This appeal is directed against the judgment dated 11th September, 1998, passed by the learned Sessions Judge, VI Bench, of the City Civil & Sessions Court, at Calcutta in S.C. No. 9 of 1997, S.T. No. 1 of February, 1998, whereby the appellants were convicted under section 376 (2)(g) of IPC and sentenced to suffer rigorous imprisonment for ten years and to pay a fine of Rs. 2,000/- each and in default to suffer rigorous imprisonment for two months. They were also convicted under section 366 of IPC and sentenced to suffer rigorous imprisonment for three years and to pay a fine of Rs. 2,000/- each in default to undergo rigorous imprisonment for two months.
(2.) The epitome of the prosecution case is that on 13th November. 1996 at about 10.30 p.m. the de facto complainant, Santoshi Shaw went near Lal Mandir, at Jyotindra Mohan Avenue carrying food to feed her husband, she met her husband and after serving dinner while she was returning home at about 11 p.m. on the way one autorikshaw stopped by her side and there were 5 persons in the autorikshaw including the autorikshaw driver and they forcibly lifted the victim Santoshi Shaw into the autorikshaw and proceeded to Central Avenue and ultimately reached in a lane to the back side of Hadua where she was sexually assaulted. Out of five persons, one fat man forcibly removed her Pajama and sexually intercoursed with her and the other person wearing white trouser and blue ganji also forcibly intercoursed with her. In the meantime, the local people rescued her and apprehended three miscreants out of five as others manage to flee away from the place. The persons apprehended by the local people were namely, Nilu Singh, Bapi Das and Tulsi Prasad Shaw. When the police arrived at the spot the victim Santoshi Shaw narrated the incident which was recorded by the Police Officer Ziaul Kader, P.W. 13 and this has been treated as FIR (Exhibit 6).
(3.) Considering the materials on record charges under section 366/376(2)(g) of IPC were framed against the accused Nilu Singh. That apart charge under section 366/376(2)(g)/109 of IPC were framed against the accused Bapi Das and Tulsi Prasad Shaw. The accused persons in answer to the charges pleaded not guilty and claimed to be tried.;