MAHAMOOD MIAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE four appellants aggrieved and dis -satisfied with the judgment of conviction and order of sentence dated 19.8.2003 passed by Sri Baikunth Nath Shahi, learned 9th Addl. Sessions Judge, Saran at Chapra in Sessions Trial No. 199/98, have preferred this appeal. The appellants have been convicted under Sections 376(2)(g), 379 and 323 I.P.C. have been sentenced to undergo R.I. for 10 years for offences under Sections 376(2)(g) I.P.C. However, no separate sentence has been passed in respect of the offences under Sections 379 and 323 I.P.C.

(2.) ONE Nimajan Khatoon filed a petition of complaint before the learned Chief Judicial Magistrate, Saran at Chapra on 12.6.1996, inter alia, alleging that on 11.6.1996 at about 7 P.M. while she was enroute to her house after marketing in Ekma Bazar and had reached the canal situated between village Khanpur and Rajapur the accused persons who were waiting for her arrival from before caught hold of her. It was alleged that whereas accused Karamat Mian assaulted her mother, Most. Rashidan with slaps and separated the mother from the daughter, the other accused dragged the complainant near the canal where she was gang raped by the accused persons one after another. Having satiated their carnal desire the accused persons departed and while departing accused Mahmood Mian is said to have snatched a silver chain worth Rs. 150.00 from the complainant and threatened them with dire consequences if they contemplated approaching the police. The complaint petition was transmitted to the Manjhi Police Station under Sec.156(3) Cr.P.C. and on the basis thereof Manjhi RS. Case No. 68/1996 was registered under Sections 341, 323, 379, 376/ 34 of the I.P.C.

(3.) HOWEVER , no witness was examined on behalf of the defence but they have raised a plea of the victim lady herself being a woman of easy virtue. The defence of the accused can effectively be culled out from the trend of their cross examination of the material prosecution witnesses P.Ws. 1 to 3. to whom suggestion that P.Ws.2 and 3 were women of easy virtue and under the guidance of one Lai Bahadur Singh indulged in extramarital sexual escapades as a result whereof the atmosphere in the village had become polluted. The further defence of the accused was that they have been falsely implicated in this case as they had protested against the immoral activities of the two women by fabricating a false case only to harass them.