DEB, J. ( 1 ) THE instant appeal being C. R. A. No. 474 of 2001 has been directed against the conviction and sentence dated 12th October, 2001 passed by the learned Additional District and Session Judge, Asansol in connection with Sessions Case No. 105 of 1994 Sessions Trial No. 44 of 2001. ( 2 ) THIS case relates to the gang rape of a middle aged woman. The incident, as recorded in the FIR and unfurled further in course of the trial, happened on 21. 04. 1992. It was on the evening of 21st April, 1992, the prosecutrix was heading towards her house after marketing in Begusia market. While she was passing by the side of a small jungle, she heard the footsteps behind her back. She paused for a moment out of curiosity. In an instant three persons overtook her. Blocking her movement, those persons overpowered her. Pressing her mouth with hand, the miscreants took her well inside the jungle. They constantly assaulted her for making herquiet. Threatening herwith murder, the miscreants took off herwearing apparels. It was followed by consecutive rape on her by the three miscreants. The miscreants were contemplating of murdering her. The prosecutrix implored them to let her go with the promise not to divulge and disclose the fact to anybody else. The miscreants finally acquiesced in releasing herwith a warning that her family would be perished in the event of her disclosing the incident to others Distraught and shaken, she went back to her house. She took a bath and washed her wearing apparels. Finding her in such state of shock, her husband repeatedly asked her as to the reason for her being shaken and upset. Apprehensive of the security of her family members, the prosecutrix initially declined to divulge the facts. On repeated query from her husband, she finally divulged to her husband as to what happend on that very eventful evening. The local leaders were apprised of the incident. Still under a state of shock, the prosecutrix was reluctant to lodge any FIR against the miscreants. Finally after long gentle persuasion, she lodged the FIR against accused Guja @ niranjan Mondal and two others. ( 3 ) KULTI Police Station Case No. 104 of 1992 dated 01. 05. The local leaders were apprised of the incident. Still under a state of shock, the prosecutrix was reluctant to lodge any FIR against the miscreants. Finally after long gentle persuasion, she lodged the FIR against accused Guja @ niranjan Mondal and two others. ( 3 ) KULTI Police Station Case No. 104 of 1992 dated 01. 05. 1992 under sections 376/323/506/34 I. P. C. , was instituted against Guja @ Naranjan mondal and others on the basis of the FIR lodged by the prosecutrix herself. Acting on the statement of the prosecutrix and source information, the appellants namely Guja @ Niranjan Mondal and Nanda Mondal were arrested. Another person called Bhagirath Mondal was also arrested for his alleged involvement in the commission of gang rape. The prosecutrix and the apprehended persons were sent up for medical test. Meanwhile, prayer was made before the learned Magistrate for recording the statement of the prosecutrix under Section 164 of the Code. The apparels worm by the prosecutrix were seized and thereafter those were sent for chemical examination. Eventually, on examination of the available witnesses and collection of reports, the charge-sheet was submitted. ( 4 ) THERE being specific allegation of commission of gang rape, the case against the appellants was committed to the Court of Session. Subsequently, it was transferred to the Court of Additional District and Session judge, 2nd Court, Asansol. On perusal of the case diary, the learned additional Session Judge was pleased to frame charges under Sections 323, 506 (ii) and 376 (2) (g) of the Indian Penal Code. They were accused of causing wrongful hurt to the prosecutrix and charged with having intimidated the prosecutrix with murder. They were also charged with having committed gang rape on the prosecutrix. All the three accused persons namely Niranjan Mondal, Nanda Mondal and Bhagirath Mondal pleaded innocence, contending that they had been framed. In view of their pleading innocence, the trial commenced against them. At the very outset of the trial, the prosecutrix came up with the statement that the accused called bhagirath Mondal was not involved in the commission of gang rape on her. In view of her positive statement exonerating the accused Bhagirath mondal, the said accused was acquitted in terms of the provision of Section 232 of the Code. The trial against the other appellants went on with the examination of the prosecution witnesses. In view of her positive statement exonerating the accused Bhagirath mondal, the said accused was acquitted in terms of the provision of Section 232 of the Code. The trial against the other appellants went on with the examination of the prosecution witnesses. Relying mainly on the statement of the prosecutrix, the learned Additional Session Judge was pleased to convict both the appellants. The appellants were sentenced to rigorous imprisonment for ten years and fine of Rs. 5000/-, in default, to suffer rigorous imprisonment for six months for commission of offence under section 376 (2) (g) I. P. C. The appellants were also sentenced to suffer rigorous imprisonment for one month for commission of offence under section 323 I. P. C. They were further sentenced to suffer rigorous imprisonment for one month for commission of offence under Section 506 (ii) I. P. C. ( 5 ) AGGRIEVED by and dissatisfied with the conviction and sentence, both the appellants have preferred the instant appeal. ( 6 ) ASSAILING the conviction and sentence, Mr. Sekhar Basu has submitted that this is an instance of innocent persons being roped in to satisfy the political vandetta. Mr. Basu contends that poor cultivators were pitted against a formidable opponent who had the strong backing of a political party. It resulted in innocent persons being entangled in false accusation of commission of gang rape. Commenting on the plea of the prosecutrix that she was overawed by the situation and the threat held out by the miscreants. Mr. Basu submits that the prosecutrix, an office bearer of Manila Samity affiliated to a political party, had no earthly reason to be apprehensive of the appellants who were just docile poor cultivators. The logic behind her inept action for ten long days, it is argued, cannot be supported by any reason. It is submitted that it is hard to swallow that a front ranking leader of a powerful wing of a political party would be overawed by the threats of by two or three poor cultivators. The entire period of ten days between the alleged incident and lodging of FIR, it is contended, had been used in lengthy discussion and deliberation for enmeshing poor cultivators not supporting their cause. ( 7 ) REFERRING to the medical report, Mr. Basu submits that the medical report (Ex. 6) negates the contention of the prosecutrix that she had been gang raped. ( 7 ) REFERRING to the medical report, Mr. Basu submits that the medical report (Ex. 6) negates the contention of the prosecutrix that she had been gang raped. Drawing our attention to the medical report (Ex. 6), it is submitted that the medical report does confirm that the prosecutrix had not been raped. No injury whatsoever was found in the vagina, as submitted by Mr. Basu. The doctor has also given a firm opinion that in the event of commission of successive rape on a woman, there would be injuries on the private parts. Absence of injuries, it is contended, is a firm indication that no such incident of gang rape on the prosecutrix was committed. The medical report falsifies the claim of the prosecutrix that she was consecutively raped by three persons. ( 8 ) MR. Basu has drawn our attention to the statement of the prosecutrix and the Investigating Officer to prove that the story of rape was introduced after making initial allegation of commission of wrongful hart to P. W. 1. Mr. Basu contends that the prosecutrix was initially examined by the doctor attached to P. H. C. There she complained of assault being made on her by the appellants and two to three others. Finding her case to be weak, the prosecutrix in connivance with other party members introduced the story of commission of rape on her. Had there been any incident of gang rape, it ought to have been divulged at earliest possible time to her colleagues and friends. All that she did was to inform her husband of the incident. No further action was taken by them. This is highly improbable, as submitted by Mr. Basu. It was nearly a weak after her discussion with her political leader and party workers that she lodged in FIR against Guja @ Niranjan mondal and two other persons. The intervening period of ten days was thus well utilized for engineering a false case against innocent persons who refused to toe their political party line. Basu. It was nearly a weak after her discussion with her political leader and party workers that she lodged in FIR against Guja @ Niranjan mondal and two other persons. The intervening period of ten days was thus well utilized for engineering a false case against innocent persons who refused to toe their political party line. ( 9 ) STRONGLY defending the conviction and sentence, the learned counsel for the State has submitted that in view of the prosecutrix giving a vivid account of the incident, the trial Court rightly placed strong reliance on her statement for convicting and sentencing the appellants for their nefarious role in the commission of gang rape on a woman, taking advantage of her helplessness in a uninhabited area. Drawing the attention to the sketch map, the learned Counsel for the State submits that there was no habitant near the place of occurrence. Finding her alone on the road by the side of the jungle, the appellants seized the opportunity. She was forcibly carried well inside the jungle. The defenceless lady had to wilt in view of the threat held out by the appellants. She was also battered by the miscreants. Being overpowered and threatened with dire consequences, the prosecutrix could offer little resistance. In view of the threat of the miscreants to wipe out her entire family, she was scared of divulging the fact even to her husband. It was after long persuasion that she narrated the fact to her husband. Her moral courage was also boosted by her husband, colleagues and friends. It was after the recovery from the shock and trauma that the prosecutrix regained her courage of narrating the entire tragic incident in the form of an FIR. In view successive rape followed by genuine threat of murder, she had every reason to feel apprehensive of the security of her family. There was nothing unusual in her acts and deeds, as urged by the learned Counsel for the State. That was the normal reaction of a lady having a harrowing experience. ( 10 ) THE conviction and sentence of the appellants were based mainly on the testimony of the prosecutrix. There is no denying the fact that the conviction of accused persons charged with commission of gang rape can be based on the solitary testimony of the prosecutrix, provided her statement is found to be trustworthy and reliable. ( 10 ) THE conviction and sentence of the appellants were based mainly on the testimony of the prosecutrix. There is no denying the fact that the conviction of accused persons charged with commission of gang rape can be based on the solitary testimony of the prosecutrix, provided her statement is found to be trustworthy and reliable. There is no heard and fast rule that the testimony of the prosecutrix will require corroboration. Generally, the nefarious act of gang rape is not committed in full view of others. Naturally, eye witnesses of such nefarious act are not expected. What the law enjoins is thorough scrutiny of the testimony of the prosecutrix. If the prosecutrix is found absolutely trustworthy and reliable, the conviction and sentence can no doubt be based solely on the testimony of the prosecutrix. ( 11 ) THE prosecutrix in her statement under Section 164 of the Code and also during her examination at the time of her trial had described in detail as to how she had been wronged on that eventful evening. She testified that three miscreants coming from behind had carried her well inside the jungle after finding her alone in a deserted area near a jungle. It transpires from her statement that she was assaulted and overpowered by them. The miscreants even contemplated of murdering her. On her making ferment appeal for releasing her, the miscreants let her go with a stern warning with her family would be wiped off in the event of her disclosing the fact to others. Distraught and awestruck, she returned home in a state of shock after a harrowing experience. As claimed by P. W. 1, she was deeply concerned about the safety and security of her husband and children. Perturbed by the brutal aggressive acts of the miscreants and worried about the security and safety of her family, she initially decided not to take any action against the miscreants. It was after gentle persuasion from her husband that she disclosed to her husband as to how she had been ravished by accused Guja @ Niranjan Mondal and two other miscreants. P. W. 5 lata Goswami, who happened to the Councilor of Asansol Municipal corporation, had been to her house on 24. 04. 1992. She found her perplexed. As testified to by P. W. 5, the prosecutrix was reluctant to talk. P. W. 5 lata Goswami, who happened to the Councilor of Asansol Municipal corporation, had been to her house on 24. 04. 1992. She found her perplexed. As testified to by P. W. 5, the prosecutrix was reluctant to talk. On being pressed, the prosecutrix disclosed as to what happend to her on the evening of 21/04. 1992. What she narrated to her husband was reiterated by her during her making full disclosure of the facts to her party leader. What she stated about the incident tallied substantially with what her husband P. W. 2. Tapan Roy Chowdhury and their leader P. W. 5 Lata Goswami stated at the time of trial. There is nothing on record which gives the slightest indication that the appellants were members of rival political group. Interestingly enough, it was suggested during the trial that the appellants were members of the same political party. There was no suggestion that the prosecutrix nurtured strong resentment against the appellants. Defence at the stage of the trial came up with the suggestion that appellant Guja @ Niranjan mondal objected to the grazing of cattle of the prosecutrix in his land. The land of house Niranjan Mondal was lying at a distant place. There is nothing on record to show that the prosecutrix had cattle to graze on the lands of others. The suggestion given by the defence at the stage of the trial is absolutely ridiculous. We have not noticed any earthly reason as to why prosecutrix would enmesh some innocent persons in the alleged commission of gang rape on her. In view of the successive rape committed on her, followed by real threat of murder, she had every reason to feel apprehensive of the security and safety of her family. The reluctancy on her part not to divulge the fact to the police station is quite natural. The same fear psychosis prompted to her not to divulge the factum of commission of rape on her by the appellants at the time of her examination by the doctor attached to P. H. C. She no doubt complained of physical assault being committed on her by the appellants. She was still under the spell of shock, trauma and fear. There is nothing absurdity in her not making out allegation of commission of a gang rape against the appellants at the early stage. She was still under the spell of shock, trauma and fear. There is nothing absurdity in her not making out allegation of commission of a gang rape against the appellants at the early stage. The FIR was lodged by her after she had overcome the shock and trauma. Encouraged by party members and emboldened by assurance given to her, she summoned up enough courage to lodge the FIR against the miscreants. ( 12 ) ANOTHER accused called Bhagirath Mondal was exonerated at the stage of trial in view of the prosecutrix candidly stating that the said accused had not done anything to her. She had no problem in identifying the appellant Niranjan Mondal, as she knew him before. The prosecutrix testified that she saw Niranjan Mondal cultivating the land. He was also seen in the market, as testified to by her. The appellant Niranjan Mondal was also identified by her husband. Since the appellant Niranjan Mondal was known to her, he was not placed in the T. I. Parade. The names of the other two associates and miscreants were not disclosed by her at the time of lodging of the FIR as well as at the time of making statement before the learned Magistrate. It is not known how the other two persons were picked up P. W. 2 Tapan Roy Chowdhury claimed that the other miscreant namely nanda Mondal was identified by his wife on the road. The prosecutrix, however, did not support the contention of her husband that Nanda Mondal had been identified by her on the road. The Investigating Officer in his cross-examination candidly acknowledged that Nanda Mondal and bhagirath Mondal were not placed in the T. I. Parade, as no evidence was forthcoming against them. The identification of the appellant Nanda Mondal was made at the stage of trial after a gap of few years. It is on record that she could not identify the other accused namely Bhagirath Mondal. The identification of another unknown person namely Nanda Mondal after a gap of few years at the time of trial has got little value. In Kanan and others v. The State of kerala, reported in AIR 1979 Supreme Court 1127, it has been highlighted by the Apex Court that where a witness identifies an accused who is not known to him in the Court for the first time, his evidence will carry no value. In Kanan and others v. The State of kerala, reported in AIR 1979 Supreme Court 1127, it has been highlighted by the Apex Court that where a witness identifies an accused who is not known to him in the Court for the first time, his evidence will carry no value. If no T. I. Parade is held, then it will be wholly unsafe to rely on his bare testimony regarding the identification of an accused for the first time in Court. The identification of Nanda Mondal in the instant case not being free from doubt, the said'appellant is entitled to be acquitted of all the charges levelled against him. The same logic and principle, however, will not apply in the case of appellant Niranjan Mondal. The prosecutrix knew her well. She had occasion to see him in his land as well as in the market. She knew his full particulars. She had no problem in identifying Niranjan Mondal. The appellant was named by her at the time of lodging of FIR and also making of the statement under Section 164 of the Code. She had given a vivid and detailed account of what appellant niranjan Mondal had done to her. It is on record that Niranjan Mondal did participate in the commission of gang rape on her. The materials-on-record bear out that Niranjan Mondal and his associates assaulted and intimated her for the purpose of silencing her. The entire evidence of the prosecutrix is found consistent and co-herent. The prosecutrix did not falter even during her gruelling cross-examination. She had proved herself to be trustworthy and reliable witness. There was no occasion for the trial Court to disbelieve her statement. She was a middle aged lady with three children to look after. The medical examination was done long after the sexual assault on her Injuries on vagina were not expected in such circumstances. All the facts and circumstances were duly considered by the Trial Judge in coming to a finding. There were overwhelming materials against the appellant niranjan Mondal. He was rightly convicted and sentenced for commission of offence under Sections 376 (2) (g), 506 (ii) and 323 I. P. C. In view of doubtful nature of identification and the positive statement of the investigating Officer that there was nothing to implicate Nanda Mondal, the said appellant called Nanda Mondal is entitled to be acquitted of all the charges. He was rightly convicted and sentenced for commission of offence under Sections 376 (2) (g), 506 (ii) and 323 I. P. C. In view of doubtful nature of identification and the positive statement of the investigating Officer that there was nothing to implicate Nanda Mondal, the said appellant called Nanda Mondal is entitled to be acquitted of all the charges. ( 13 ) IN the result, the appeal succeeds in part. The conviction and sentence passed against appellant Guja @ Niranjan Mondal under Sections 376 (2) (g), 323, 506 (ii) I. P. C. are hereby affirmed, while the conviction and sentence of the other appellant Nanda Mondal under Sections 323, 376 (2) (g) and 506 (ii) I. P. C. are hereby set aside. The appellant Nanda mondal is to be set at liberty forthwith. ( 14 ) LET the L. C. R. be sent down to the trial Court with a copy of the judgment for information and necessary action. Send another copy of the judgment to the Superintendent of Jail/ correctional. Home where the appellants are presently lodged with the direction that the appellant Nanda Mondal is to be released forthwith unless he is detained in connection with any other case. Urgent xerox certified copy is to be given to the appellants.