Joymalya Bagchi, J. - (1.) The appeal is directed against the judgement and order dated 21.6.1995 passed by the learned Additional Sessions Judge, 1st Court, Midnapore in S.T. Case no. XXVII of May 1992 convicting the appellants for commission of offences punishable under Sections 366/34 of the Indian Penal Code and sentencing the appellant no. 1 to suffer rigorous imprisonment for ten years and appellant no. 2 to suffer rigorous imprisonment for five years.
(2.) Prosecution case, as alleged, against the appellants is to the effect that on 19.7.90 one Ramkrishna Singh, P.W 1 herein, came to Sankrail P.S and complained that his cousin Archana Singh (victim) was missing from their house on and from 4.7.90. They searched for her at different places but could not trace her out. Thereafter, he came to know that on the previous day she had disappeared with three boys who had come to their house at night. All of them were detained by the villagers but one fled away. Others were subsequently let off. One of the detained boys was Jayanta Sarkar of Naikansol colony. Jayanta could not be found at his residence for two days after Archana had gone missing. So it was suspected that Jayanta had taken away Archana to some unknown place. Subsequently, Archana returned to her own and made a statement before the learned Judicial Magistrate, Jhargram under section 164 Cr.P.C. In the statement, she stated that she was in love with Jayanta who had promised to marry her. Jayanta came to see Ratha Jatra in their village. There Archana and Jayanta had a talk with each other. Jayanta stated to her that he would wait for her at Guptamoni and asked her to come there by Puspanjali bus. Archana went there and met Jayanta. Thereafter, they went to Kharagpur where they were joined by Arun Mahato and Motilal Mahato. Thereafter, all of them went to Howrah. Jayanta told her that they would stay together at a place and thereafter would return home. They boarded Gitanjali Express from Howrah. Two persons accompanied Jayanta who were unknown to Archana. They sat in front of Archana in the train compartment. Archana felt hungry. Jayanta, Motilal and Arun got down in a railway station to purchase food. Thereafter, train started but they did not board the train. Archana enquired all those two unknown persons where the accused persons had gone. They assured her that they might be in some other compartment. Then those two unknown persons got down at Bombay with Archana and took her in a taxi. Archana and those two persons stayed in a room for 15/16 days. They behaved badly with Archana. On 21st July Archana came to Bombay station in a bus. From Bombay she boarded Gitanjali Expres and got down at Kharagpur. Thereafter Archana went to the house of Nanda of Sikarpari village. She stated that she would be able to recognize those persons if shown to her. While she was at Bombay the said persons sexually abused her in spite of her protest and she felt ill.
(3.) In conclusion of investigation, charge sheet was filed against the appellants and one Motilal who was a juvenile at the time of occurrence. Accordingly, his case was segregated from that of the appellants.;