CHETLAL MAHTO Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) ALL the three appeals are taken up together arising out of common judgment of conviction and order of sentence recorded by Shri Rambabu Gupta, Additional Sessions Judge, F.T.C. -I, Bermo at Tenughat, Bokaro in S.T. No. 32 of 1999, arising out of Nawadih P .S. Case No.16/1998, corresponding to G.R. No. 322/ 1998.

(2.) ALL the appellants, referred to hereinbefore, viz. Chetlal Mahto, Ashok Mahato, Ranjit Kumar Mahto and Niranjan Mahto were held guilty under Section 366A of the Indian Penal Code and each of them was sentenced to undergo rigorous imprisonment for ten years and to pay fine of Rs.5,000/ - each with default stipulation to undergo simple imprisonment for three months. Appellants Chetlal Mahto, Ashok Mahato and Ranjit Kumar Mahto (except Niranjan Mahto) were further convicted under Section 376(2)(g) of the Indian Penal Code and each of them was sentenced to undergo rigorous imprisonment for ten years and to pay a fine of Rs.10,000/ with default stipulation to undergo simple imprisonment for six months each. The Trial Court further observed that both the sentences shall run concurrently and sixty per cent of the fine amount realized from the convicts would be given to the victim/ prosecutrix.

(3.) THE written report gave rise to Nawadih P .S. Case No. 16/1998 registered on 17.5.1998 for the alleged offence under Section 366A of the Indian Penal Code and after investigation, the Investigating Officer submitted charge -sheet under Sections 376/366A/34 of the Indian Penal Code against all the four appellants. The appellants were put on trial by the Additional Sessions Judge, Bermo at Tenughat, Bokaro after framing of charge against each of them under Sections 376/ 34 and 366A of the Indian Penal Code. It would be relevant to mention that the victim girl Parvati @ Baby returned back on 18.5.1998 and she underwent medical examination for injuries if any and determination of her age and to ascertain as to whether she was subjected to sexual intercourse. The lady Doctor P.W. 7 -Usha Singh determined her age about 16 years and the witness did not find any sign of rape on the victim. Victim's statement was recorded under Section 164 of the Code of Criminal Procedure on 20.5.1998, wherein she admitted that she was kidnapped by Chetlal Mahto, Ashok Mahato and Ranjit Kumar Mahto, who gagged her mouth with the help of cloth and forcibly brought her to Durgapur in a Maruti van. She was kept confined in the Van for the whole of night of Saturday and all the three committed rape on her one by one. She was brought to Ramgarh on Sunday from Durgapur by trekker and whenever she requested to take her back, they used to terrorize her by brandishing dagger. She anyhow escaped from Ramgarh where she was confined in a room and came to Ranchi Road and from there she came to Bhandaridah after boarding a train and from there to her home.