RANJIT TANTI Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. U Choudhury, learned Amicus Curiae, appearing for the appellant and Ms. S Jahan, learned Additional Public Prosecutor, Assam.

(2.) This jail appeal is directed against the judgment and order dated 14.05.2018 passed by the learned Sessions Judge, Tinsukia in Sessions Case No.37(T)/2017. By the said judgment, learned Sessions Judge convicted the appellant under Section 376(D) IPC and sentenced them to imprisonment for life and a fine of Rs.50,000/- each with default stipulation.

(3.) As per the prosecution case, on 09.02.2017 at about 12.30 AM, the appellants Ranjit Tanti, Khagen Tanti and Jiskel Murah had taken away the wife of the informant to the river bank on the pretext of curing her fertility problem. The appellant compelled the victim to consume country liquor, ganja and blood of a cock and when she became intoxicated, all the appellants tied her hands and committed rape on her one by one. The husband of the victim lodged the FIR (exhibit-10), on the basis of which police registered Bordubi P.S. Case No.14/2017 under section 376(G)/34 IPC and on completion of investigation submitted charge-sheet against the appellants under section 376-B.