MUKESH MAHTO Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard the parties.

(2.) This criminal appeal is directed against the judgment of conviction dated 18.01.2003 and order of sentence dated 20.01.2003,passed by the learned 5 th Additional Sessions Judge, Bermo at Tenughat in Sessions Trial No. 74/2001, whereby and whereunder, the appellant was held guilty for the offence under section 376 of the Indian Penal Code and sentenced to undergo RI for a period of 7 years and the appellant was acquitted from the charges under sections 395,397 and 412 of the Indian Penal Code.It was further ordered that time period spent in custody to be set off from the sentence.

(3.) The prosecution case in brief as per fardbeyan of the informant PW-9 Sister Patras Mary is that in the night of 1st / 2nd December, 2000 at about 2:00 a.m., 14/15 miscreants broke open the lock of grill of the residential block of St. Anna Girls High School, Kurpania, PS-Gandhi Nagar (BTPS), District- Bokaro and entered inside. Thereafter accused persons threatened with pistol, knife, crowbar, stick and bombs and forced to open the grill of the residence and entered inside the room and started looting. In the course of looting, the culprits slapped the teachers present in the room and were also demanding money. When teachers told that they have no money, the miscreants assaulted them. During the course of looting, one of the accused person who was tall and was wearing a cream colored shawal, which was snatched from a sister, took away the lady cook(the victim) of the school in a room and committed rape on her.The further case of the prosecution is that the miscreants continued looting for about one hour and they looted shawl, torch of double cell, table clock, wrist watch, scissors, soap, paste, one cartoon Surf, one Konark colour T.V. The worth of entire looted articles were about Rs.10,000/- and miscreants also looted cash about Rs.3,000/- totaling Rs.13,000/- The miscreants were talking in Hindi and were threatening the staff during the course of looting. After looting all the miscreants fled with the looted articles towards the forest from the back side of the school.