(1.) The instant Criminal Appeal is directed against the judgment of conviction and order of sentence recorded against the appellants by the Assistant Sessions Judge-II, Simdega in Sessions Trial No. 191 of 1998 corresponding to G.R. No. 27 of 1998 on 1-10-2002 arising out of Jaldega P.S. Case No. 1 of 1998.
(2.) All the appellants were convicted under Section 376(2)(g) as also under Sections 342/34 of the Indian Penal Code by the Assistant Sessions Judge-II and each of them was sentenced to undergo R.I. for a term of 10 years, however, no sentence was passed against any of the appellants for their conviction under Sections 342/34 of the Indian Penal Code.
(3.) The criminal law was set on motion on the statement of the prosecutrix Anita Devi at the Jaldega Police Station on 23-1-1998 relating to the offence, which was committed by the accused persons on 10-1-1998. She narrated in her statement that in the night of 10-1-1998 when she came out from her house at about 8 p.m. to answer the call of nature and proceeded at some distance, the appellant Bholo alias Balram Singh, all on a sudden appeared before her and caught hold to which she resisted after identifying him in the moon light night but when he did not leave, she screamed then he gagged her mouth but in the meantime the other appellants Litha Munda, Shambhu Pradhan and Ratan Singh alias Perda all came there. She was lifted by all the four appellants who took her towards a lonely place at the distance of about 500 yards ahead. Whenever she attempted to get herself released from their clutches, she was threatened to be killed and dumped in the nearby well. Her clothes were removed by the appellant Bholo alias Balram Singh and thereafter all the four appellants committed gang rape on her. She further narrated that it was Bholo alias Balram Singh, who first committed rape on her by removing his own undergarment and thereafter Litha Munda, Ratan Singh alias Perda followed by Shambhu Pradhan one after another. She was trembling throughout during commission of rape but they had gagged her mouth with the help of clothes. She became semi- unconscious. The appellants extended threat while retreating that in case of narrating the occurrence to any one, the bodies of her parents would be thrown out after committing their murder and that they would also be implicated in false case. She laid there for as short while out of pain and thereafter she returned back wearing her clothes but could not narrate the occurrence to any one of the inmates in the home out of fear. She narrated the occurrence to her mother after about 4/5 days of the occurrence when she suspected some fault with her daughter and thereafter the matter was communicated by her mother to her father and only then the case could be instituted at the Police Station. She put her signature at the foot of her statement recorded at the Police Station (Ext. 1) in presence of her father Lodha Baraik. The police instituted Jaldega P.S. Case No. 1 of 1998 for the offence under Sections 341/323/376 (g) of the Indian Penal Code against all four named accused i.e. the appellants herein. The prosecutrix was sent for medical examination. She was examined on 24-1-1998 wherein her age was determined about 15/16 years. The Investigating Officer submitted charge-sheet against all the four appellants under Sections 342/376(g) of the Indian Penal Code and thereafter the appellants were put on trial after framing of charge under two heads viz. under Section 342/34 and under Section 376(g) of the Indian Penal Code to which they pleaded not guilty and claimed to be tried.