RAUSHAN SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) The criminal appeals arise out of common judgment of conviction dtd. 30/3/2017 and order of sentence dtd. 3/4/2017, hence they have been heard together and are being disposed of by this common judgment.

(2.) Both the criminal appeals have been preferred against the judgment of conviction dtd. 30/3/2017, and order of sentence dtd. 3/4/2017, passed by Shri Manmohan Choudhary, Fast Track Court No.I, Begusarai in Sessions Trial Case No.601 of 2013 arising out of Nayagaon P.S. case No.10 of 2013, whereby and whereunder the appellants of both criminal appeals have been convicted under Ss. 376(2)(g)/34 of the Indian Penal Code (referred to 'I.P.C.') and have been sentenced to undergo rigorous imprisonment for life with fine of Rs.5000.00 each for the offence under Ss. 376(2)(g)/34 of the I.P.C. and in case of default of payment of fine, further undergo simple imprisonment for six months.

(3.) The prosecution case, as per the written report of informant Sushila Devi (PW3), wife of Sunil Tanti, submitted before Officer-Incharge, Nayagaon P.S. on 24/2/2013 at 3 a.m. is that on 24/2/2013 in the morning the informant was sleeping inside her house, three persons were forcing the door to open and they were also dashing her door. Due to fear, the informant opened the door of her room. She saw three persons, namely, Kamlesh alias Latifan Singh son of Bijay Singh, Raushan Singh son of Ashok Singh and Gautam Singh son of Sailan Singh, all of them resident of village Ballahpur, P.S. Nayagaon, District Begusarai. It is further alleged that Raushan Singh closed here mouth with his hand and Gautam Singh pointed pistol on her head. On hulla raised by the informant, her mother-in-law Rajiya Devi wife of Ram Balak Tanti came out from room, Gautam Singh threatened her if she will raise alarm, he will shoot her and so due to fear she did not oppose and became silent. Kamlesh Singh alias Latifan and other two accused persons dragged the informant in a maize/barely field which was at few distance from her house. The informant has further alleged that all the three accused threatened her and firstly Gautam committed rape, then Raushan Singh committed rape while Kamlesh alias Latifan was standing there armed with pistol.