MUMTAZ @ NASIM KHAN S/O WARID KHAN; IDRISH KHAN S/O LATE AZIZ KHAN; BIJAI CHAMAR @ BIJAI RAM S/O RAM KRIT RAM; AYUB KHAN S/O SHAKIL KHAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) This appeal is filed against the Judgment and order dated 17.08.1999 passed by the 3rd Additional Sessions Judge, Bhabua in Sessions Trial No. 349 of 1986/98 of 1998 whereby and whereunder above appellants have been convicted under Section 376 of the I.P.C. and sentenced to undergo R.I. for 10 years.

(2.) F.I.R. is lodged basing statement (fardbeyan) of the victim, Potni Devi which in brief is to the effect that she along with her sister-in-law, Jyoti Kumari had gone for cutting grass in a field. Her sister-in-law went to river for bath and this victim-informant proceeded for her home. At about 3.00 to 4.00 pm. when she reached in side of sugar-cane field of Gulab Pir Sah saw the accusedappellant, Bijai Chhamar there, who caught her hand from behind. In the meantime, accused, Mumtaz Khan and Idrish Khan came out from the sugarcane field and victim was handed over to them by Bijai Chhamar. Her grass scattered and her mouth was closed by means of Gamcha. She was taken in the field of sugarcane, thereafter accused-appellants, Mumtaz Khan and Idrish Khan committed rape upon her one after another. After the rape, accused persons came out from the field. After coming out from the field, she (victim) saw accused-appellant, Ayub Khan also there. There is an averment of raising alarm on which only accused-appellants rushed towards river. Thereafter, she came her home with grass narrated the occurrence to her family members including her sister-inlaw, Jyoti Kumari on her arrival. Family members have been specified; father-in-law, uncle-in-law, aunt-in-law, gotni and husband, Kamal Ram.

(3.) Charge-sheet is submitted for the offence under Sections 341, 342 and 376/34 of the I.P.C. Charge against accused-appellants, Mumtaz and Idrish is framed for the offence under Section 376 of the I.P.C., while that against Ayub Khan and Bijai Chhamar is framed under Section 376 read with Section 109 of the I.P.C. and all accused-appellants have been convicted and sentenced for the offence punishable under Section 376 (2)(g) of the I.P.C.