Joymalya Bagchi, J. - (1.) All the appeals are taken up together and are being disposed of by this common judgment and order.
(2.) The appeals are directed against the judgment and order dated 27.7.2009 and 28.7.2009 passed by learned Additional Sessions Judge, Fast Track Court No.4, Barasat, North 24 Parganas, in Sessions Trial No.1(3)06 convicting the appellants, namely, Khairul Molla @ Chhurun @ Haddi, Hasan Laskar @ Bhola, Jaiul Laskar @ Saiful Laskar @ Mehabub and Rabiul Laskar @ Rabi, for commission of offence punishable under sections 394/120B/376(2)(g) of the Indian Penal Code (for short 'I.P.C.') and sentencing them to suffer rigorous imprisonment for life each and to pay a fine of Rs.5000/- each, in default to suffer further rigorous imprisonment for one year each for the offence punishable under section 376(2)(g) of I.P.C. and to suffer rigorous imprisonment for five years each and pay a fine of Rs.2000/- each, in default to suffer rigorous imprisonment for further six months each for the offence punishable under section 394 of I.P.C. Both the sentences are to run concurrently.
(3.) Prosecution case, as alleged, against the appellants is to the effect that Jainal Molla (P.W. 2) was residing with his family consisting of his wife, Amirun Bibi (P.W. 4) and his minor girl (P.W. 3) in the garage of premises no.GC-55, Bidhannagar, Salt Lake, owned by one Pradyut Kumar Biswas (P.W. 1). On 24.7.2005 at around 04.45 a.m. when his wife, Amirun Bibi (P.W. 4) opened the door for going to the toilet four unknown boys entered their room and asked for money from him. As he was unwilling to give them the money they stated to beat him and tied him. At that time his minor daughter protested. Thereupon one of the miscreants pressed his daughter's mouth and took her in a corner of the bed and she was raped by another person against her will. In the meantime he was able to untie himself and started screaming. The miscreants ran away from the room.;