KABU MALIK Vs. THE STATE OF WEST BENGAL

JUDGEMENT

(1.) Being aggrieved by and dissatisfied with the judgment of conviction dated 28th April, 2010 and order dated 29th April, 2010 of sentence of the accused-appellants to suffer imprisonment for life with fine of Rs.5000/- each and in default of payment of fine for further rigorous imprisonment for six months each for a charge of gang-rape on two victims this appeal has been preferred by the appellants jointly. Aforesaid judgment and order were passed by learned Additional Sessions Judge, 14th Court, Alipore, South 24 Parganas in Sessions Trial No. 4 (2) of 2002 arising out of Sessions Case No. 43 (10) 2001. Said judgment and order are hereinafter termed as impugned judgment.

(2.) The appellants are in judicial custody.

(3.) At the very outset we like to note that since inception of the case at Sonarpur police station a mistake was carried over till pronouncement of the impugned judgment in the trial Court. The allegation/charge of 'gang-rape' was described as offence under Section 376 G or 376 (g) of the Indian Penal Code instead of 376 (2) (g) of the Indian Penal Code. Be it noted that Section 376 G or Section 376 (g) is unknown to the Indian Penal Code although there is provision of law for the offence 'gang-rape' in Section 376 (2) (g) of the Indian Penal Code.