Sankar Acharyya, J.

1. On being convicted under Sections 448/376 (2) (g) of the Indian Penal Code and being sentenced to suffer simple imprisonment of one year each and also to pay fine with default clause and also to suffer rigorous imprisonment for ten years each with fine and default clause respectively awarded in the judgment dated 06.08.2012 passed by learned Additional Sessions Judge, Fast Track (1st) Court, Raiganj in Sessions Trial No. 08 of 2005 corresponding to Sessions Case No. 25 of 2005, three appellants have preferred this appeal. All the convicts are in judicial custody. This is a case of committing house trespass and gang rape of a 25 years old house wife, the mother of three children in the mid night on 29.01.2004/30.01.2004 frightening the victim woman as alleged against the three appellants of this appeal.

2. In the following day time of the occurrence the prosecutrix lodged first information report (FIR) at Itahar police station making specific allegations against the appellants by names and police recorded the FIR on 30.01.2004. As per FIR the victim and her three children who were sleeping in a single bed in their bed room are the only witnesses of the