Sankar Acharyya, J.

1. Being aggrieved by and dissatisfied with the judgment of conviction dated 28th April, 2010 and order dated 29th April, 2010 of sentence of the accused-appellants to suffer imprisonment for life with fine of Rs. 5000/- each and in default of payment of fine for further rigorous imprisonment for six months each for a charge of gang-rape on two victims this appeal has been preferred by the appellants jointly. Aforesaid judgment and order were passed by learned Additional Sessions Judge, 14th Court, Alipore, South 24 Parganas in Sessions Trial No. 4(2) of 2002 arising out of Sessions Case No. 43(10) 2001. Said judgment and order are hereinafter termed as impugned judgment.

2. The appellants are in judicial custody.

3. At the very outset we like to note that since inception of the case at Sonarpur police station a mistake was carried over till pronouncement of the impugned judgment in the trial Court. The allegation/charge of 'gang-rape' was described as offence under Section 376G or 376(g) of the Indian Penal Code instead of 376(2)(g) of the Indian Penal Code. Be it noted that Section 376G or Section 376(g) is unknown to the Indian Penal Code although there is provision of law for the offence 'gang-rape' in Section 376(2)(g) of the Indian Penal Code.

4. In view of the provisions of Section 228A of the Indian Penal Code detailed description of the identity of two victims of alleged gang-rape is avoided in this judgment. As per prosecution case the two sisters (hereinafter the married elder sister is described as 'R' and the unmarried younger sister is described as 'S') were raped by the appellants one after another entering with some others into dwelling house of the victims in between 11:00 p.m. to 12:00 midnight of 8th April, 2001. The incident was reported by the mother (P.W. 1) of the victims at Sonarpur police station on the following morning (on 9.4.2001) at 9:45 a.m. and said written information was registered as FIR by P.W. 8 as Assistant Sub-Inspector attached to the police station at that time. P.W. 8 made his written endorsement (exhibit - 7/1) receiving the FIR (exhibit - 7) and drew up formal FIR (exhibit - 6) on 9.4.2001 at 9:45 a.m. in course of his discharging duty at police station between 8:00 a.m. to 2:00 p.m. on that date as appears from the deposition of P.W. 8. Nothing contrary to it reveals from the evidence of P.W. 8 and exhibits 6, 7 and 7/1. Since the endorsement (exhibit - 7/1) in exhibit - 7 appears to have been torn out the writings cannot be read at present. Signature portion of P.W. 8 still remains. However, it is clear that at the time of recording evidence of P.W. 8 endorsement portion was not torn out. Nothing was suggested even to P.W. 8 during his cross-examination to disbelieve him.

5. The allegations made by illiterate P.W. 1 in exhibit - 6 in a nutshell is that in the night of 8.4.2001 the P.W. 1 and her daughter 'S' were sleeping on a cot and her another daughter 'R' was sleeping separate in the same varandah of their house. At about 11:30 p.m. 7/8 miscreants trespassed into the house and some of them committed rape on 'R' simultaneously. They also committed rape on 'S' simultaneously. Then the miscreants told the other two daughters of P.W. 1 to open the door and abused them in filthy language. Said two daughters of P.W. 1 opened the door and caught hold of the feet of the miscreants to spare them without torture when the miscreants told them that one Badal was driven out with help of some boys of Kharki and said Badal should be brought back by the next date and the miscreants threatened that more injury would be caused upon them if they would not call back Badal by the next date. P.W. 1 and her daughters could identify the appellants (named) among the miscreants.

6. On 09.04.2001 both the victims were examined by P.W. 5 who was a doctor at Sonarpur Rural hospital but he did not find any apparent external injury on their persons or any mark of violence or nail scra