FEROZE KAZI Vs. EMPEROR

JUDGEMENT

(1.) The three appellants Feroze Kazi, Mangal Bouri and Rabi Bouri, were tried by a learned Magistrate having powers under Section 30, Criminal P.C., upon a charge of rape. They were found guilty under Section 376, I.P.C. Feroze Kazi was sentenced to five years and six months rigorous imprisonment and was also ordered (to pay a fine of Rs. 60; Mangal Bouri and Rabi Bouri were each sentenced to a term of four years and six months rigorous imprisonment. Against these convictions and sentences the appellants have preferred the present appeal.

(2.) The case for the prosecution can be shortly stated as follows. Bhimi Bourin, a young girl of about fifteen years of age, was in her father's house in the late afternoon of 1 March 1939. Her father had gone to another village in connexion with some marriage, whereas her mother had gone out to sell milk. The only person in the house with Bhimi Bourin was a young child. According to the prosecution, the appellants, Feroze Kazi, Mangal Bouri and Rabi Bouri, entered the house, seized Bhimi Bourin and wanted to have sexual intercourse with her. She attempted to struggle, whereupon Rabi and Feroze stuffed a cloth in her mouth. Mangal, it is then alleged, threw her down on her back and Feroze Kazi had sexual intercourse with her by force.

(3.) After that Rabi, held the girl when Mangal ravished her and later Mangal held her so that Rabi could ravish her. After the appellants had left the house, this little girl managed to raise a cry which brought a number of villagers to the scene. She was found to be bleeding freely from her private parts and was obviously in a very distressed condition. Some time after, her mother arrived. According to the prosecution, the girl told Jainul (P.W. 4) that the three appellants had raped her, and according to the girl's mother, Peli Bourin (P.W. 11), the girl said that she had been raped by Feroze.