Joymalya Bagchi, J. - (1.) The appeal is directed against the judgement and order dated 7th/8th July, 2009 passed by the learned Additional Sessions Judge, Fast Track Court II, Barrackpore, North 24-Paraganas in Sessions Trial No.2 (12) of 2004 (Sessions Case No.36(6) of 2003) convicting the appellants for commission of offence punishable under Section 376(2)(g)/109 of the Indian Penal Code and sentencing them to suffer rigorous imprisonment for 10 years each and to pay fine of Rs.2000/- each in default to undergo rigorous imprisonment for six months each.
(2.) Prosecution case, as alleged, against the appellant is to the effect that on 8.3.2003 at about 9.00 p.m., the appellant no.2, Sk. Maniar Ali came to the house of the victim and told her that her mother had met with an accident and was admitted in hospital. Sk. Maniar Ali, appellant no.2 also told her that he would take her to hospital. On hearing the news of the accident, the victim went with Sk. Maniar Ali to Bandipore, Karpurkal Hospital by cycle. On the way, appellant no.1, Sk. Safic @ Sk.Safik @ Sk. Safique joined them. On going to the hospital, she did not find her mother and on query Sk. Maniar told her that he had mistakenly heard that her mother had been admitted to hospital. Thereafter, the appellants forcibly committed rape on the victim on the way back. The victim returned home at night and informed the incident to her mother, P.W.2. She fell ill and some delay was caused in lodging the First Information Report which was registered as Khardah P.S. Case No.84 dated 10.3.2003 on the written complaint of the victim.
(3.) In conclusion of investigation, charge sheet was filed against the appellants under Section 376(2)(g)/109 of the Indian Penal Code and the case was committed to the Court of Sessions and transferred to the Court of the Additional Sessions Judge, Fast Track Court II, Barrackpore, North 24-Paraganas for trial and disposal.;