Joymalya Bagchi, J. - (1.) The appellants have been convicted for commission of offence punishable under Section 376(2) (g) of the Indian Penal Code and they have been directed to suffer rigorious imprisonment of 10 years and also to pay fine of Rs.2,000/- each in default to suffer simple imprisonment for six months more. Fine if realised, Rs.3,000/- was directed to be paid to the prosecutrix as compensation. Prosecution case as alleged against the appellants is to the effect that on 6.3.2010 at 11PM while the victim PW-1 was proceeding through the road to attend marriage ceremony the appellants dragged her into the bamboo bush and ravished her. Thereafter they fled away. She returned home and reported the incident to her sister in law PW-2 and on the next date she lodged complaint.
(2.) Mr. Anwar Hossain, Amicus Curie argued that the identification of the appellants have not been established beyond doubt. PW-1 admitted that she had seen the appellants for the first time and he identification in Court is highly doubtful. She had failed to name the miscreants before the Doctor or the Magistrate. He also submitted that the victim had initially gone to her aunts house who had not been examined. Hence, the appellants ought to be acquitted.
(3.) Learned Public Prosecutor with Mrs. Faria Hossain argued that the appellant were known to the witnesses. They had been named by the victim in the FIR and identified in Court. Her deposition was corroborated by medical evidence.;