JUDGMENT

Arijit Pasayat, J.-The appellants faced trial for alleged commission of offences punishable under Section 376 read with Section 34 of the Indian Penal Code, 1860 (in short the IPC ). The Trial Court found the accused-appellants guilty and sentenced each one to suffer rigorous imprisonment for six years and to pay a fine of Rs. 1,000/- each with default stipulation. The High Court, by the impugned judgment, affirmed the conviction and the sentence.

The prosecution version, in a nut shell is as follows :

2. On 22.7.1989, the victim, a married women, aged about 20 years alighted from the bus and around 6 P.M. was proceeding towards her house on foot. When she reached near a Banyan tree, the accused persons forcibly dragged her to a nearby jungle and after gagging her mouth, committed rape on her one after the other. She suffered the trauma for the whole night and in the early morning, she was dropped near Bhattapukur. Next day morning, the victim went to her maternal uncle s house wherefrom she was taken to her house by her husband when she disclosed the incident to her husband. She was moved to the hospital on 24.7.1989. The matter was reported to the police and FIR was record