( 1 ) THIS appeal is directed against the judgment and order of conviction and sentence dated 31st May, 2002 passed by the learned Additional Sessions judge, 2nd Court, Jalpaiguri in Sessions case No. 2003 of 2001 thereby sentencing the appellants to suffer Rigorous Imprisonment (in short R. I.) for 10 years each together with a fine of Rs. 3,000/- each in default to suffer R. I. for 3 months each for the offence under S. 376 (2) (g) of the Indian penal Code (hereinafter called I. P. C.) ; R. I. for 2 years each for the offence under section 324/34 of the I. P. C. ; for 2 years each for the offence under Section 379/34 of the i. P. C. Besides that, appellants Anil Lakra and Jit Bahan Uraon were further convicted and sentenced to suffer R. I. for 2 years each for the offence under Section 411 of the I. P. C. It was directed by the learned Additional sessions Judge that all the sentences would run concurrently.

( 2 ) THE prosecution story as depicted in the First Information Report (hereinafter called FIR), in short, is that on 28-7-01 the de facto complainant Lt. P. Sumod (PW 3) along with his girl friend, the victim, daughter of Lt. Col. R. B, Singh of Binnaguri Army cantonment within P. S. Banarhat,the said cantonment at about 18. 45 hours on a motor cycle and arrived at Telipara Bridge near Ammunition Point. Th sat near the bridge at about 19. 00 hours and were gossiping amongstthemselves. A5seat on the other side of the bridge and sometimesafter they went away. About 10 minutes thereafter a group of 10/12 youths armed with 'bhojali', 'dan' and 'iron rods' surrounded the informant and the victim girl and four persons surrounded P. W. 3 while others took away the victim girl. One out of four miscreants, who surrounded the de facto complainant (PW 3), demanded the key of the motor cycle from him and took it away. Others slowly withered out except one who remained there with 'dah' and finally the said man also vanished from the said place. P. W. 3 thereafter ran towards the ammunition Point and asked for help from the sentry on duty. P. W. 3, thereafter, asked help from the children of M. E. S. employees and they went to call others from their homes while P. W. 3 along with 2 DSC guards went back twards the bridge on the road. Reaching at bridge they found nobody and they noticed some movement in the nallah below. On enquiry thy replied that they were children of M. E. S. employees who had come for help. Thereafter, they searched the area near the bridge and then moved up to enquire in the village. In the first house they said that they did not know anything. The dsc guards went on searching the area behind the

house and p. D. 3 remained standing in the front. P. W. 3 thereafter reached near the bridge again and saw torch light in the nallah and started walking towards nallah. Thereafter, P. W. 3 along with DSC guards and children of M. E. S. employees started moving cross country up the nallah. After moving about 40/50 meters they saw the victim girl staggering towards them. On reaching them the vctim girlstarted crying and she had cuts in her left hand and she coud not walk or stand and she had to carried back. P. W. 3 along with DSC guards carried her and took her to the Ammunitionpoint where Captain Amit Kumar (PW 4) o div. Ord. Unit had come with troops. P. W. 3 along with Capt. Amit Kumar rushed the vitim to 164 M. H. for treatment where p. W. 3 leart in front of other officers hat victim girl had been raped. PW 3 mentione in the FIR that he can recognise the 4 miscreants who had surrounded him if produced in front of him. The typed FIR signed by P. W. 3 was received by officer of Banarhat p. S. on 29-7-01 at 1. 15 hours at Binnagurt army Cantonment and it was forwarded to banarhat P. S. nd the same was received at Banarhat P. S. on 29-7-01 at 2. 30 hours and on the basis of it Banarhat P. S. Case no. 59, dated 29-7-01 undr Sections 376 (2) (g) and 324 of the I. P. C. was started against unknown miscrean