( 1 ) THE instant appeal being C. R. A. No. 474 of 2001 has been directed against the conviction and sentence dated 12th October, 2001 passed by the learned Additional District and Session Judge, Asansol in connection with Sessions Case No. 105 of 1994 Sessions Trial No. 44 of 2001.

( 2 ) THIS case relates to the gang rape of a middle aged woman. The incident, as recorded in the FIR and unfurled further in course of the trial, happened on 21. 04. 1992. It was on the evening of 21st April, 1992, the prosecutrix was heading towards her house after marketing in Begusia market. While she was passing by the side of a small jungle, she heard the footsteps behind her back. She paused for a moment out of curiosity. In an instant three persons overtook her. Blocking her movement, those persons overpowered her. Pressing her mouth with hand, the miscreants took her well inside the jungle. They constantly assaulted her for making herquiet. Threatening herwith murder, the miscreants took off herwearing apparels. It was followed by consecutive rape on her by the three miscreants. The miscreants were contemplating of murdering her. The prosecutrix implored them to let her go with the pr