Conviction for gang rape can be upheld solely based on the victim's reliable testimony, corroborated by medical evidence, regardless of inconsistencies or lack of immediate identification of the accused.

Judgment :

Rajasekhar Mantha, J.

1. The subject appeals are directed against the judgment of conviction dated 3rd December 2015 and order of sentence dated 4th December 2015, passed by the learned Additional Sessions Judge, F.T.C. Court No. 1 at Islampur, Uttar Dinajpur in Sessions Trial No. 11/2014 arising out of the Sessions Case No. 143 of 2013. The appellants in the four appeals were convicted under Sections 363 /366/376(2)(g)/34 of the Indian Penal Code.

THE PROSECUTION CASE:

2. On 20th April, 2012, the victim girl “X” was going to her school around noon time, to fetch her results of the 11th standard examination. She first, by bicycle, reached her friend’s house, Sikha Pal, (PW-11), to change into her school uniform. She thereafter boarded a rickshaw.

3. On the wayrickshaw van, was followed by four persons, namely, Jahidul Rehman, Md. Batul, Naimul Hoque and Tasirul Islam on two motor cycles. They were preceded by a Maruti van, driven by Mumtaj Hussain. There were four other masked persons in the Maruti van.

4. The rickshaw vanpuller initially picked up speed noticing the chase. He however gradually slowed down as the Maruti Van, followed by the said two motorcycles sped to overtake him. Jahidul Rehman is stated to have inflicted some blows on “X”, when the rickshaw van came close to the said three vehicles. Jahidul then kicked “X” out from rickshaw van and she fell on the road. The Maruti van was also stopped at when the incident was unfolding. Tasirul Islam, Naimul Hoque and Jahidul Rehman came out and put a tape on the mouth of the victim girl and tied her hands, and carried her into the Maruti van.

5. Initially, Jahidul Rehman suggested that the victim should be killed by inflicting fist and blows. The appellants however thereafter changed their mind and drove away with “X”.

6. The appellants stopped in front of Kusum Tea Garden and carried “X” into it. They kept on assaulting “X” and laid her on a drain inside the tea garden. They removed the tape on the mouth of the victim, disrobed her and committed rape upon her. “X” deposed that she was raped by at least eight persons. The assailants including the appellants are stated to have bitten the victim on private parts on the victim’s torso, scratched the victim and inflicted injuries on various parts of the body while and after the ravaging.

7. After assaulting and committing rape upon the victim, Jahidul Rehman is stated to have initially wanted to kill the victim with a gun. He was however restrained by others who said that noise of the firing would alert others. Jahidul Rehman tried to strangle the victim “X” by pressing his foot on X’sneck.

8. As a result of assault and rape, “X” was rendered partially conscious. She, however, played dead, when Jahidul Rehman pu