SUKHLAL KARWA, Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Four persons, namely, Modga Hessa, Landu Karwa, Sukhlal Karwa and Remay Karwa were named by the informant in her fardbeyan as the perpetrators of sexual assault upon her. Her fardbeyan was recorded on 13.5.2009 and on that basis Tonto P.S. Case No. 09 of 2009 was lodged against the above-named accused persons under section 376(2)(g) of the Indian Penal Code. For committing gang rape upon the informant, they have been convicted and sentenced to R.I. for life and fine of Rs. 20,000/- under section 376(2)(g) of the Indian Penal Code.

(2.) During the trial, the prosecution has examined twelve witnesses; the prosecutrix is PW-2.

(3.) Pachai Hessa-PW-1 is the village Munda, Mecho Hessa-PW-3 is a co-villager and friend of the prosecutrix and Renso Hessa-PW-4 is father of the prosecutrix. The co-villagers, namely, Mata Hessa-PW-6 and Shankar Hessa-PW-7 are hearsay witnesses and Gangadhar Hessa-PW-8, Salay Hessa-PW-9 and Sombari Hessa-PW-10 have not supported the prosecution s case and they have been declared hostile during the trial. The first Investigating Officer of the case is Ram Lal Ram who has been examined as PW-5 but the main Investigating Officer of the case who has subsequently taken charge of the investigation has not been produced during the trial. Nirupam Kumar-PW-12 is the Judicial Magistrate who has recorded statement of the prosecutrix under section 164 Cr.P.C.