Joymalya Bagchi, J. - (1.) Lower Court records have been received. On consent of the parties dispensing with preparation of Paper Books, the matter is taken up for hearing.
(2.) Judgment and order dated January 24, 2017 passed by the learned Additional Sessions Judge, Fast Track, 1st Court, 3rd Court, Kandi, Murshidabad in Sessions Serial No. 144 of 2007 and Sessions Trail No. 08(02) of 2008 convicting the appellants for committing offence punishable under Section 376(2)(g)/34 and under Section 341/34 of the Indian Penal Code of the Indian Penal Code and sentencing him to suffer rigorous imprisonment ten years each and to pay fine of Rs.1000/- each and in default to suffer rigorous imprisonment for one year more for the offence punishable under Section 376 of the Indian Penal Code and to suffer simple imprisonment for ten days for the offence punishable under Sections 341/34 of the Indian Penal Code, both the sentences to run concurrently.
(3.) Prosecution case as alleged against the appellants is to the effect that on 25-01-1996 the victim along with Hari Mondal (PW 5), Bandana Mondal, Babu Mondal, Rabi Mondal (PW 4) and Kalyani Mondal had gone to attend Sradh ceremony at the house of Kartick Mondal at village Udaychandpur and after attending the said ceremony while they were returning home through village Dhalla and had reached near Dhalla Primary School around 6.30 PM, the appellants accosted them on the road. Appellant nos. 1 and 3 caught hold of Hari Mondal, PW 5, the uncle of the victim while appellant no.2 along with Masud Sk. @ Farid Sk. (absconding accused) dragged her to the field and raped her. Thereafter, PW 1, Ajit Mondal, father of the victim lodged first information report being Kandi PS Case No. 22 of 1996 dated 26-01-1996 under section 376 of Indian Penal Code and 25/27 of the Arms Act against unknown accused persons.;