Joymalya Bagchi, J. - (1.) The Appeal is directed against judgement and order dated 7.4.2003 passed by learned Additional Sessions Judge, First Court, Hooghly in Sessions Case No.97 of 2001 arising out of Sessions Trial No.1(11) of 2001 convicting the appellants for commission of offence punishable under Section 376(2)(g) of the Indian Penal Code and sentencing them to suffer rigorous imprisonment for ten years and to pay a fine of Rs.5,000/-each, in default to suffer rigorous imprisonment for one year more.
(2.) The prosecution case, as alleged against the appellants is to the effect that on 18.11.2000 when Netai Mal, the defacto complainant along with his wife and minor daughter aged about 12 years had gone to Satyapirtala to attend a function, at about 8.30 p.m. his daughter left the place and came back to their house alone. At about 9.00 p.m. the appellants came to his house and asked his daughter to give some water. At that time his daughter was alone in the house.
(3.) Thereafter the appellants gagged her mouth and took her away to a paddy field and both the appellants raped her against her will. They left the daughter in the field. She came back but could not disclose anything to her mother due to shame. His daughter became ill and subsequently informed the incident to her mother. Thereupon, the father of the victim lodged complaint with Officer in charge, Chinsurah Police Station resulting in Chinsurah P.S. Case No. 316 dated 24.11.2000 under Section 376 (2)(g) of the Indian Penal Code against the appellants.;