CHARO ORAON, Vs. THE STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned Counsels for the appellants and learned Counsels for the State.

(2.) Since Cr. Appeal No. 447 of 2001 was filed by Charo Oraon, Cr. Appeal No. 776 of 2003 was filed by Sandeep Oraon and Cr. Appeal No. 385 of 2003 was filed by Santosh Oraon, these criminal appeals are arising out of the same judgment of conviction and order of sentence dated 10.05.2001 passed by Shri Prabhat Kumar Sinha No. II, learned 6th Additional Judicial Commissioner, Ranchi in Sessions Trial No. 185 of 1999, by which judgment, he found all the three appellants guilty for the offence under Section 376(2-G) of the Indian Penal Code and sentenced them to undergo rigorous imprisonment for ten years and he also found them guilty for the offence under Section 366 of the Indian Penal Code and sentenced them to undergo rigorous imprisonment for ten years. However both the sentences are directed to run concurrently.

(3.) It is submitted by learned Counsels for the appellants that the prosecution case is totally false and fabricated, since, it will appear from the evidences of the prosecutrix, P.W.1, Injeren Lakra that after the occurrence, which took place on 13.01.1998, the victim girl was roaming in the village and no information was given to the police station, and her written report was lodged after a long delay of one month and four days i.e. on 17.02.1998 and the prosecution has failed to give any satisfactory explanation for the long delay. Moreover, even the doctor has found that the victim girl had no injury on her body and she was carrying a pregnancy of twenty weeks, which goes back to the date of occurrence i.e. 13.01.1998, and her pregnancy of about sixteen week at the time of occurrence must have been damaged. In that view of the matter, the prosecution case is not probable and the appellants are entitled to get an order of acquittal and their conviction is bad in law and fit to be set aside.