BISHUNDEO RAI Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Mr. Vipul Sinha, learned Amicus curiae on behalf of the appellants and S.A. Ahmad, learned APP appearing for the state.

(2.) This appeal has been preferred by the appellants being aggrieved and dissatisfied with the judgment of conviction dt. 4/5/2006 and order of sentence dt. 9/5/2006 passed by learned Additional Sessions Judge, F.T.C. No.-III, Muzaffarpur, in Sessions Trial No. 350/2003, whereby and whereunder the appellants/convicts were convicted u/s 376(2)/34 of the Indian Penal Code. The appellants have been sentenced to undergo rigorous imprisonment for ten years for the offences punishable u/s 376(2)/34 of the Indian Penal Code and fine of Rs.2000.00(Two Thousand) each and in default of payment of fine, they have further been sentenced to undergo simple imprisonment for six months.

(3.) The prosecution case as per fardbeyan of the informant (P.W.-5) is that on 26/10/2002 at about 9:00 P.M. while she was sleeping in hut with her children, in the meantime, the appellants along with Rajendra Mahto entered in her hut. Suddenly, she woke up and on seeing the accused tried to raise noise, but the appellant Binshundeo Rai was having a dagger in his hand, shut her mouth by putting cloth and threatened her not to create any noise. Thereafter, appellants Ramjanam Mahato and Bishundev Rai lifted the informant/victim's saree and committed rape one by one. It is further alleged that co-accused Rajendra Mahato was standing at the door and keeping an eye on the outsider coming there. After committing rape, the accused persons fled away. The victim/informant started crying and screaming, upon which the people of the locality came there, to whom she informed about the incident.