SANICHAR RAM Vs. STATE OF BIHAR

JUDGEMENT

(1.) THESE two appeals have been preferred by two appellants, one each in each of the two appeals who were put on trial by being jointly charged for committing rape upon P.W. 3, to set up a challenge against the judgment of conviction dated the 18th October, 2006 passed by the Presiding Officer of Fast Track Court No. V, Sheikhpura in Sessions Case no. 351 of 2002 / Trial No. 241 of 2006, by which the appellants were convicted of the offence under section 376/34 IPC and were directed to suffer RI for seven years each as also to pay a fine of rupees ten thousand each, else to undergo SI for three months in lieu thereof.

(2.) THE prosecution story is contained in the written report of P.W. 3 in which she stated that the two appellants were invited to exorcising the evil soul, which had over taken her Devar named Ranjeet Mahto. The two appellants came to the house of the prosecutrix at 7.30 P.M. and performed some pooja � paath (rituals) and also carried out some Jhar-phook (exorcism) on Ranjeet Mahto. Both of them, thereafter, stated that the prosecutrix shall have to accompany them up to the cremation ground where they were likely to bury the exorcised evil soul. As such, the prosecutrix accompanied them to the cremation ground and it was 8.00 P.M. when the prosecutrix reached near a Mahua tree situated west of the village, she was asked to sit down there and both of them started taking liquor. They, thereafter, started dragging the prosecutrix by her hands as also pulling her Sari. She was firstly raped by appellant Sanichar Ram whereafter appellant Arjun Ram also committed rape upon her. She came weeping to her house and narrated the story to all her family members.

(3.) THE defence of the appellants was that they had falsely been implicated at the instance of one Dilip Ram, who used to indulge in factional politics in the village and was aggrieved by not being supported by the two appellants.