Joymalya Bagchi, J. - (1.) The appellants have been convicted by judgement and order dated 15.06.2007 passed by Additional Sessions Judge, Fast Track Court, Balurghat Dakshin Dinajpur for commission of offence punishable under section 376 (2)(g) of Indian Penal Code and have been sentenced to suffer imprisonment for 10 years and to pay fine of Rs.5,000/-, 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 29.09.2006 around 11 PM when the victim was sleeping with her daughter aged about three years in her bed room, taking advantage of the absence of her husband P.W. 2 who had gone to Raghabpur for playing dhak in the Puja Pandel the appellants trespassed into the house of the victim and appellant no. 1 Laltu Singh committed rape on the victim while appellant no. 2 Suresh Rabidas stood as guard at the door. Appellant no. 1 threatened the victim not to disclose the incident to anybody and left the place. Next day when her husband came back, she reported the matter to him and lodged written complaint at the police station resulting in registration of Tapan P.s. Case No. 143/06 dated 30.09.06. In the course of trial, prosecution examined fifteen witnesses. In conclusion thereof, the trial court convicted and sentenced the appellants, as aforesaid.
(3.) Nobody appears on the behalf of the appellants. Mr. Anjan Datta, learned counsel is requested to appear as amicus curiae in the matter. Mr. Datta submitted that the allegation of rape is not supported by the doctor, P.W. 9. He also submitted that the evidence of victim is improbable and ought not to be believed.;