BIR SINGH MAHATO Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) By judgment dated 12th May, 2006, passed in Sessions Case No. 126 of 2005 (S.T. No. 16 of 2005), learned 2nd Court of Additional Sessions Judge, Purulia held the appellants, namely, Bir Singh Mahato, Tipui Kumar, Dhan Singh Mura and Budhu Singh Mura guilty of the offence under Sections 376(2)(g) as well as Section 448 of the Indian Penal Code. They were convicted accordingly. On 12th May, 2006, the said accused persons/appellants were sentenced to suffer rigorous imprisonment for ten years each and pay fine of Rs. 5,000/- each in default, to suffer imprisonment for a further period of one year each. The said convicts were also sentenced to suffer rigorous imprisonment for six months each and to pay fine of Rs. 500/- each, in default, to suffer rigorous imprisonment for a further period of one month each for their conviction under Section 448 of the Indian Penal Code. Learned trial Court directed the sentences to run concurrently.

(2.) Being aggrieved by and dissatisfied with the said judgement and order of conviction and sentence, the appellants preferred the instant appeal.

(3.) The grievances as ventilated in the appeal may briefly be summed up as follows :- Learned trial Court failed to appreciate the evidence in its proper perspective and was not at all justified in holding the present appellants guilty of the said offences under Sections 376(2) (g) and Section 448 of the Indian PenalCode. Learned Counsel for the appellants submitted that the evidence on record could not be said to be just and proper so as to lead to a finding of guilt.