MAN BIHARI Vs. STATE OF BIHAR

JUDGEMENT

(1.) MAN Bihari alias Ban Bih1lri Lakra, and KaiJash Tonto alias Keno alias Tonto Mundari, the petitioners, stand Converted under section 376 of the Indian Penal Code and each of them sentenced to undergo rigorous imprisonment for five years. Feeling aggrieved that have preferred this petition in revision.

(2.) ACCORDING to prosecution, when Salyani Mundu P.W. 8, was going from her house situate in village Burn Hundaru, district Chailbasa, to the rivulet (or bringing water and passing by the side of the bushes on 31. -3 -1978 at about 4.30 P.M., the petitioners and their one unknown companion had forcibly brought her inside those bushes and then each had committed rape upon her. In the meanwhile her maternal uncle Mahsi Hansada P.W. 4, on learning about the occurrence from some passersby, had thrown a stone in those bushes, and thereupon the petitioners and their one unknown companion had fled away. P.W.8, had then returned to her house and told about the occurrence to her mother Silwanti P.W. 9 and step -father Bishwanath Sonar P.W. 5. They had taken P.W. 8 to Police Station Geelkara where P.W. 8 had lodged bet F.I.R. Ext. 1 the same day at 8 P.M. The Investigations were carried out, and. after completion of the same the petitioners charge -sheeted. Out of nine witnesses examined by the prosecution, the evidence of Damodar Birua P.W. 1, Bikram Marandi P.W. 2, Pritam Apang P.W. 3, Abdul Rashid P.W. 6 and laljee Sahay P.W. 7 is formal in nature, The material witnesses, as stated above, are P.Ws. 4,5,8, and 9.

(3.) AFTER hearing learned counsel for the parties and going through the records it has been found that as the prosecution has not proved its case beyond all shadow of doubts, this petition deserves to succeed.