The court upheld the conviction for gang rape based on the victim's consistent testimony and corroboration by witnesses, despite procedural issues regarding identification.

JUDGMENT :

JOYMALYA BAGCHI, J.

1. Appeal is directed against judgment and order dated 04.07.2023 passed by the learned Additional Sessions Judge, 1st Court, Malda in Sessions Case No. 324 of 2013 (Sessions Trial No. 20 of 2014) convicting the appellants for commission of offence punishable under Sections 341/354/506/376(2)(g) of the Indian Penal Code and sentencing them to suffer simple imprisonment for one month and to pay a fine of Rs.500/- each, in default, to suffer simple imprisonment for ten days more for the offence punishable under Section 341 of the Indian Penal Code, to suffer rigorous imprisonment for two years and to pay a fine of Rs.2,000/- each, in default, to suffer rigorous imprisonment for two months more for the offence punishable under Section 506 of the Indian Penal Code, to suffer rigorous imprisonment for two years and to pay a fine of Rs.2,000/- each, in default, to suffer rigorous imprisonment for two months more for the offence punishable under Section 354 of the Indian Penal Code and to suffer rigorous imprisonment for ten years and to pay a fine of Rs.10,000/- in default, to suffer rigorous imprisonment for one year more for the offence punishable under Section 376(2)(g) of the Indian Penal Code; all the sentences shall run concurrently.

Prosecution case:

2. Prosecution case as levelled against the appellants is as follows:

On 12.04.2013 at around 6.00 P.M. victim (PW-3) was coming through the field along with her friends (PWs. 4 and 5). At that time, appellants demanded money. When they expressed inability to pay, they detained her and one of her friends (PW-4). PW-4 somehow escaped but the appellants picked up the victim, took her to an adjoining field and forcibly raped her. Villagers came to the field and rescued her. She was medically treated.

3. On her written complaint, Chanchal Police Station Case No. 139 of 2013 dated 13.04.2013 under Sections 341/354/506/376(2)(g) of the Indian Penal Code was registered for investigation.

4. During investigation, appellants were arrested. PW-3 identified the appellants during Test Identification Parade examination. Charge sheet was filed against the appellants. Charges were framed under Sections 341/354/506/376(2)(g) IPC and under Section 3(1)(xi) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. Appellants pleaded not guilty and claimed to be tried. In course of trial, prosecution examined nine witnesses including the victim as PW-3. Defence of the appellants was one of innocence and false implication.

5. In conclusion of trial, learned trial Judge by impugned judgment and order dated 04.07.2023 convicted and sentenced the appellants, as aforesaid.

Arguments at the Bar:

6. Ms. Minoti Gomes, learned Advocate for the appellants has assailed the prosecution case on the score that medical report (Ext.7) of the victim does not bear marks of injuries. This improbabilises a case of forcible rape. She also contends Test Identification Parade sheets were not exhibited and identification of the appellants in court by the victim and other witnesses is unreliable. Accordingly, she prays for acquittal of the appellants.

7. Learned Additional Public Prosecutor submits the victim’s (PW-3) version is corroborated by her friends (PWs. 4 and 5). All the witnesses have identified the appellants in Court. Though not exhibited, Test Identification Parade sheets are present in the records of the case. Therein it is recorded the appellants were identified by witness. In view of the consistent and corroborated version of the victim (PW-3), absence of injuries is not a ground to discard the prosecution case. Accordingly, the appeal is liable to be dismissed.

Evidence on record:

8. PW-3 is the victim and the most vital witness. She deposed she and her two friends went to work in the brick field. At the end of the day, they were returning home. Two persons blocked their way and demanded money. When they said that they had no money, they caught hold of her and her