UMBULAN MARKI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This appeal is directed against the judgment of conviction and order of sentence dated 17.4.2002 and 19.4.2002 passed by Sessions Judge, Simdega in S.T. No. 169 of 1997 whereby and whereunder appellants were convicted under Section 376(G) of the I.P.C. and sentenced to undergo rigorous imprisonment for 10 years.

(2.) The case of prosecution in short as per the FIR dated 26.12.1996 is that one month ago, the prosecutrix (aged about 16 years) had gone to Mahabuyang Hat for marketing. It is further alleged that while she was returning from the market in the evening at about 6-7 p.m. and reached near a hillock, appellant No. 1 and 2 intercepted her. Thereafter appellant No. 1 forcibly took her inside the forest and committed rape upon her. It is further alleged that after the occurrence,he threatened that if she will disclose this fact to any person she will be killed. It is stated that out of fear, she did not disclose this fact to any person including her family members. It is then alleged that on 25.12.1996 at about 6 p.m., she went for fetching water from a well, situated at some distance from her house. She then states that when she reached at the well, she saw that aforesaid four appellants were standing near the well. She then alleged that appellant No. 1 called her, however looking the appellants, she tried to run away, but appellant No. 1 caught hold and gagged her, then took her in a field and after laying her on the ground committed rape upon her. It is then alleged that after appellant No. 1, other three appellants committed rape upon her one by one. It is further alleged that thereafter appellant No. 1 again, for the second time, started committing rape upon her, however, while he was doing so, prosecutrix's father arrived at the place of occurrence, then appellant No. 1 fled away leaving his apparels i.e. pant, Gamcha and necker. It is further stated that at that time other appellants also fled away. It is stated that thereafter informant returned to her house and narrated about the occurrence to all her family members. On the next date the FIR was lodged and police took up investigation.

(3.) After completing the investigation, police submitted charge sheet against the appellants under Section 376/34 of the IPC. After cognizance the case was committed to the court of sessions as the offence under Section 376 of the IPC is exclusively triable by a court of Sessions.