JUDGMENT :

1. Heard learned counsel for the parties.

2. The instant criminal appeal has been preferred against the judgment of conviction and order of sentence dated 17.06.2003 passed by learned 3rd Additional District & Sessions Judge, Dumka corresponding to S.T. No.76 of 88/639 of 02, whereby the appellant was convicted for the offence under Section 376 IPC and sentenced to undergo R.I. for a period of Five years for the offence under Section 376 IPC.

3. The brief fact of the case is that on 27.02.1987 informant was going to Tetaria village along with his brother and sister-in-law (Bhaiya & Bhabhi) and at about 6.p.m in the evening when they were on the way, four persons suddenly came out and caught hold of the informant and took her in the field. The brother and sister-in-law fled away out of fear. Thereafter, all four accused persons committed gang rape on the informant forcibly for the whole night. In the morning informant went to village Tetaria and narrated the alleged occurrence.

4. Mr. Indu Shekhar Gupta learned counsel for the appellant assisted by Mr. Ranjan Kr. Singh and learned Amicus, Ms. Abha Verma, made following submissions:-

(i) The FIR has been lodged after two d