- (1.) THESE three appeals are directed against the common judgment, order of conviction and sentence passed by the learned sessions Judge, Purba Medinipur in ST Case No. 11/dec/2003. Since these appeals arise out of the common judgment passed by the learned Sessions judge, the same were heard analogously and we dispose of the said appeals by this common judgment which will govern the fate of all the three appellants,
(2.) THE prosecution case, in short, is that on 1st February, 1992 in between 21:00 hrs. and 22:00 hrs. the victim was returning tp her residence from Tamluk Sub-Divisional Hospital where she had gone to meet her relative, niharbala Roy and when the said victim reached her residence, the accused persons, five in number including the appellants herein trespassed into her room where a kerosene dim light was lit and in that light the said victim could identify the three accused persons namely, the appellants herein. The said victim also saw two other persons whose names were not known to her although she claimed that she would be able to identify them, if produced.
(3.) IT is the further case of the prosecution that these three appellants and two others after entering into the room of the victim covered the mouth of the said victim with a handkerchief and tied her hands and legs with her sari and thereafter assaulted her with a 'nora' on her head and also with a "bonti", 'khunti' Plastic jar etc. causing bleeding injuries on her nose and palm. They also assaulted her by fists, slaps etc. Thereafter, the appellants and others untied her legs and removed saya, blouse, brasier. The accused appellant srikanta Rana bifurcated her legs and forcibly pushed his penis into the vagina of the victim and committed rape on her, At that time, the other appellants namely, Jawahar Maity and Tuna Mondal caught the hands of the victim. Thereafter the said appellants Jawahar Maity and Tuna Mondal and their other two associates also by turn committed rape on the victim and the sexual assault continued for about one hour. After the said sexual assault, accused persons including the appellants herein left the place of occurrence thinking her dead. At that time, the victim lost her consciousness and after sometime when she regained her consciousness untied her hands and mouth and went to Kishore sen, the then Ward Commissioner of Tamluk Municipality and narrated the incident to him. Kishore Sen called the son of Sachin Paria and they took the victim to Tamluk Hospital and admitted her in the said hospital. The O. C. , tamluk Police Station was thereafter informed about the incident over telephone by the said Kishore Sen and the said O. C. , Tamluk P. S. arrived at the hospital at about 5:00 A. M. on 2. 2. 1992 and also recorded the statement of the victim.;