JUDGMENT

B. Sudershan Reddy, J. —

1.This appeal by special leave is directed against the judgment of the Calcutta High Court setting aside the acquittal of the appellants herein under Section 376 IPC and sentencing them to suffer rigorous imprisonment for five years and to pay a fine of Rs. 2,000/-, in default of payment of fine to further undergo two months rigorous imprisonment.

2.The prosecution story, briefly stated, is that on 28.4.1984 at about 8.00 p.m. one Sitarani Jha (PW-14) got down from a train at Burdwan Railway Station alone and hired a rickshaw to go to the Badamtola bus stand as she had to take a bus for Satgachia. On reaching at Badamtola bus stand she learnt that the last bus for Satgachia had already left. She then told the rickshaw puller, Bipul Samaddar (PW-6) to take her to a girl of her village who lived at nearby place, Kalna Gate. It is alleged that when the victim was about to leave Badamtala bus stand she was intercepted by four or five persons who forcibly took her to a house under construction and thereafter two of them forcibly committed rape on her one after another against her will. One of them had a knife in his hands. The victim further alleged that