1. These appeals are directed as against the judgment and order of conviction passed by the Additional Sessions Judge, 4th Fast Track Court at Barrackpore, District: 24 - Parganas (North) on 17.08.2006 and 18.8.2006 in respect of Sessions Trial No. 8(3) of 2005 arising out of Sessions Case No. 10 (12) of 2001 in which the Trial Court was pleased to convict both the appellants before us in respect of the Charge punishable under S.376 (2)(g) of the Indian Penal Code (Code) and both were sentenced to suffer rigorous imprisonment for 10 years and they were also directed to pay fine of Rs.5,000/-, in default, to suffer further rigorous imprisonment for a period of one year.

2. It may not be out of place to mention that both the appellants have already served out the sentence and as such our effort is almost academic in nature, in respect of appellant No. 2 but the appellant no.1 Saroj Banerjee wanted to proceed with this appeal as his service benefits are at stake in view of this order of conviction and sentence.

3. The appellant no. 2, Sahadeb Paul, did not appear and from the Legal Aid Panel, the learned counsel, who was representing the appellant no. 1, was appointed also to represent