SUBHAN MANSOORI Vs. STATE OF BIHAR

JUDGEMENT

(1.) Cr. Appeal (D.B.) No. 818 of 2006 filed by Subhan Mansoori, Subharati Mansoori and Idrish Mansoori @ Md. Idrish and Cr. Appeal (D.B.) No. 1020 of 2006 filed by Md. Kasim Mansoori have been preferred against the judgment of conviction dated 14.8.2006 and order of sentence dated 19.8.2006 passed by learned Additional Sessions Judge, FTC-V, Madhubani in Sessions Trial No. 389 of 2003 by which they have been convicted and sentenced to imprisonment for life and a fine of Rs. 5,000/- each for the offence punishable under Section 376(2)(g) i.e. 376/ 34 of Indian Penal Code (hereinafter referred to as 'IPC') and in default of payment of fine to undergo further rigorous imprisonment for a period of one year. Since both the appeals arise out of Phulpras P.S. Case No. 43 of 2003 corresponding to G.R. No. 298 of 2003, they have been heard together and are being disposed of by this common judgment.

(2.) The prosecution case, in brief, is that on 7.4.2003 at about 6.30 p.m. Sushila Kumari aged about 14 years (P.W. 7), daughter of the informant Ram Swaroop Bhur (P.W. 8) was coming back to her house with her three friends, namely, Shakuntala Kumari (P.W. 4), Binita Kumar (P.W. 9) and Kaushalya Kumari (P.W. 5) after worshiping at Durga Asthan, Bajraha. When they reached at a distance of three and a half kilometer north from Bajraha Tola, the appellant Subhan Mansoori aged about 30 years, Idrish Mansoori aged about 28 years, Subharati Mansoori aged about 27 years and Md. Kasim Mansoori aged about 25 years chased them and caught hold of the victim (P.W. 7), took her in the wheat crop field and all of them committed rape one after another. Her three friends (P.Ws. 4, 5 and 9) came running to the village and informed about the occurrence to the informant. The informant (P.W. 8) and others came to the place of occurrence where they found the victim (P.W. 7) lying unconscious in the wheat field and the accused had fled away. Brahmadeo Rai (P.W. 2) told that he had seen the occurrence. Other witnesses have also seen the occurrence.

(3.) On the basis of written report of the informant (P.W. 8) Phulparas P.S. Case No. 43 of 2003 dated 17.4.2003 was registered against the appellants for the offence punishable under Section 376/ 34 IPC. After investigation charge-sheet was submitted. Cognizance was taken. The case was committed to the court of session. The charge was framed against the appellants which they denied and claimed to be tried, as such, the trial proceeded against them.