ASHIM KUMAR ROY, J.

1. The appellant Bimal Gorai was placed on trial before the learned Additional Sessions Judge, 1st Court, Bankura and Judge Special Court under the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 to answer charges under two heads, for offences punishable under Section 376 of the Indian Penal Code and under Section 3 (2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

The said trial has ended in conviction of the appellant on both counts and he was sentenced to suffer rigorous imprisonment for 10 years and to pay fine of Rs. 2,000/-, in default to suffer further rigorous imprisonment for 2 months and to suffer imprisonment for life and to pay fine of Rs. 2,000/-, in default to suffer rigorous imprisonment for 2 months, with a further direction that both the sentences shall run concurrently.

In this criminal appeal the aforesaid judgment and order of conviction and sentence is under challenge.

2. In summary the case of the prosecution goes like this; On November 25, 1995 at around 8.30 p.m. at night after “Ajan” the victim lady along with her two sons Lakhi Pada and Tara Pada went on s