(1.) Heard Mr. N. Ibochaoba Singh, learned senior counsel assisted by Ms. Lailai, learned counsel and Mr. H. Kenajit, learned counsel for the appellants as well as Mr. R.S Reisang, learned senior GA assisted by Mr. Shyam Sharma, learned GA for the State.
(2.) These two appeals have been preferred against the order and judgment dated 9.12.2013 passed in Sessions Trial No. 2 of 2013 by which both the appellants have been found guilty under Section 120-B IPC for criminal conspiracy and also convicted under Section 376 (2) (g) IPC for committing gang rape and accordingly, sentenced to undergo rigorous imprisonment for a period of 15 (fifteen) years with a fine of Rs. 25,000/- and to undergo further rigorous imprisonment for 3 (three) years failing to pay the fine and also to undergo rigorous imprisonment for a period of 10 (ten) years for committing the offence under Section 120-B IPC with a fine of Rs. 10,000/-, failing which to undergo further rigorous imprisonment of 2 (two) years, which sentences are to run concurrently.
(3.) The prosecution case, in brief, is that on 20.10.2012, the two appellants, who were close friends had taken the victim girl, who became acquainted with them, in a car on the pretext of roaming around and took her inside a restaurant near the Airport and she was compelled to take soft drinks mixed with intoxicant and taking advantage of her intoxicated condition, she was raped by the appellants.
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