(1.) THIS appeal under Section 374 of the Code of Criminal Procedure, 1973 ('Cr.P.C' in short) is directed against the judgment of conviction and order of sentence dated 03.07.2007 as passed by the Sessions Judge, South Tripura, Udaipur in S.T. No. 65(ST/A)/2004, convicting and sentencing the appellants to suffer R.I. for life and to pay a fine of Rs.5,000/ - each, and in default of payment of fine to suffer further R.I. for one year for the offence under Section 376(2)(g) of the IPC.
(2.) WE have heard Mr. P. K. Biswas, learned counsel appearing for the appellants as well as Mr. A. Ghosh, learned Additional P.P. appearing for the respondent -State.
(3.) ON the face of the said FIR, Taidu P.S. Case No. 07/2003 under Section 376(2)(g) of the IPC was registered and entrusted for investigation. After investigation, the appellants were charge -sheeted on finding prima facie materials against them. On taking cognizance of the offence under Section 376(2)(g) of the IPC, since the offence was exclusively triable by the Court of Sessions, the case was committed to the Court of the learned Sessions Judge, South Tripura, Udiapur. On such commitment, the case was registered as S.T. No. 65(ST/A)/2004 and the charge was framed against all the appellants under Section 376(2)(g) of the IPC for committing gang rape on the survivors (name concealed) on 19.06.2003 at around 24.00 hours at Haripur Malsum Para School, South Tripura under Taidu P.S. All the appellants pleaded not guilty against the charge and claimed to be tried.
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