UDAY SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Both the appellants have been convicted under Section 376(2)(g) of the Indian Penal Code and each of them have been sentenced to undergo 1.0 years by the 1st Additional Sessions Judge, Gaya in Sessions Trial No. 213/95/65/96 vide judgment dated 20th of August, 1997.

(2.) The brief fact of the case is that the informant Kamla Devi (P.W. 2) in her fardbeyan recorded on 25 -5 -1994 at 11.30 hours at Mushartoli alleging therein that about 10 days earlier on Sunday dated 15 -5 -1994 while she along with her children, Nanad Usha Devi (P.W. 3) and mother -in -law Parwati Devi (P.W. 12) were sleeping in front of her house on a cot at about 9.00 p.m. four persons reached there who had covered their faces. They ordered to prepare meal after shouting "Lalsalam". They further told them that members of the parties had assembled near the river bed and asked them to accompany her to the river bed. The informant and his family members refused to go along with them to the river bed. Thereafter, all the four accused forcibly took the informant and her sister -in -law Usha Devi after dragging them towards river bed. In this course, the informant and Usha Devi both identified accused -persons, namely Lallan Singh, Uday Singh (appellant No. 1), Buta Shaw and Krishna Singh (Appellant No. 2). On the eastern bank of the river they started misbehaving with the informant and his sister -in -law. Both of them were thrown on the ground and accused Buta Shaw and Uday Singh committed rape on the informant and other two accused, namely, Krishna Singh and Lallan Singh committed rape on Usha Devi. After committing rape, the accused -persons threatened the informant to kill her if she disclosed these occurrences to any person. On their alarm, the villagers came to the river bed, the accused -persons fled away. Both the them returned to their house. All male member of the informant's house had gone to Aurangabad in connection with their livelihood, therefore, the matter was reported to the police after 10 days of the occurrence, i.e. 25 -5 -1994 when they returned back from Aurangabad. On the basis of the fardbeyan (Ext. 3), the formal F.I.R. (Ext. 4) was drawn up and after submission of the charge -sheet trial proceeded in the Court below.

(3.) The case of the defence is that they have been falsely implicated in this case. Accused Krishna Singh and Uday Singh had advanced money to the informant for working in their field but after receiving money the husband of the informant did not work in their field and on demand of the money they have been implicated in this case.