SHUSHIL SANGA Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS appeal is directed against the judgment of conviction dated 16th November, 1992 passed in Sessions Trial No. 275/91 thereby and thereunder the sole appellant Shushil Sanga was found guilty under Section 376, IPC and he was sentenced to undergo rigorous imprisonment for ten years and he was further sentenced to pay a fine of Rs. 1000/ , in default to undergo rigorous imprisonment for two years.

(2.) THE prosecution case, in short, is that the informant Charki Mundain alongwith her husband Pushu Munda and their neice Anju Tamba on 9.10.89 to Ranchi in connection with Durgapuja festival and when they were moving in the town in the night at about 6 p. m. or so, then near Sandhya Cinema one person whose name was subsequently disclosed as Basant dragged her husband towards a lane. It has been alleged that the informant and her neice protested but he did not listen and gave a threatening that if she wanted to seva the life or her husband, they must follow. In the meantime, other accused persons also came and the informant and her neice alongwith her husband were forcibly taken to a newly constructed house situate in P.N. Bose compound. It has also been alleged that Basant then forcibly took the informant inside the room in a cot and committed raps and when the informant wanted to raise alarm she was threatened and in course of rape Rs. 100/ which had fallen from the body of the informant was taken away by Basant. Subsequently another man Afsar took the neice Anju Tamba away and she was also forcibly raped in the same place. In the meantime another person that is the appellant came by a scooter and he took the informant inside and committed rape but at that very time a police officer came and apprehended them and Afsar was also apprehended but Basant could escape away. The fardbayan of the informant was also recorded. Then this case was instituted as against the appellant Afsar and Basant Das.

(3.) THIS occurrence took place in the night of 9.10.89 between 9 to 10 p.m. during Durgapuja festival when the informant Charki Mundain alongwith her husband Pushu Munda their neice Anju came to Ranchi town in connection with Dussehra festival and while they were moving in the town they were apprehended and were taken to a house under construction and then the heinous offence of rape was committed. Naturally the informant who has figured as P.W. 1 and her husband P.W. 2 Pushu and their neice P.W. 3 are the most important witness. P.W. 1 has claimed that on Dussehra festival she alongwith her husband P.W.2 and neice P.W. 3 came to Ranchi town, then at about 9 p.m. or so when they came near Sandhya cinema, the accused names could be known that is Afsar and Basant, in course of their chase, apprehended the husband of the informant and forcibly took him towards a lane and also gave threatening that unless they will follow them, the life of the husband will be in danger and they were taken to a house which was under construction where a darwan was there and he was forced to leave the place and Basant on the point of pistol first of all forced her to go in a room where rape was committed and after that Afsar took her neice Anju and Afsar also committed rape on her (Anju). Subsequently this very appellant came on a scooter and he aiso forcibly took the informant in that very room and committed rape on her. In the meantime, a police officer came and apprehended him alongwith the informant and so this case was instituted. Admittedly this witness is a tribal lady of the village and she got no enmity with the appellant. In such a situation, false implication can be ruled out.