LAWS(JHAR)-2020-2-140

LUGU BOIPAI, Vs. STATE OF JHARKHAND

Decided On February 03, 2020
Lugu Boipai, Appellant
V/S
STATE OF JHARKHAND Respondents

JUDGEMENT

(1.) On the basis of the fardbeyan of the victim girl which was recorded on 17.10.2007 at 16:00 hours at MGM Hospital, Jamshedpur, Mango (Olidih) P.S. Case No. 360 of 2007 was registered against Lugu Boipai, Motu @ Subhas Singh and Giddu under section 376 (g) and sections 326 and 307 read with section 34 of the Indian Penal Code. The appellants have faced the trial on the charge under section 366, section 376(g) and section 302 read with section 34 of the Indian Penal Code and they have been convicted for the aforesaid offences.

(2.) During the trial the prosecution has examined seven witnesses and statement of the prosecutrix recorded on 18.10.2007 has been treated as her dying declaration.

(3.) The learned Sessions Judge has held that from fardbeyan of the prosecutrix and her statement recorded by the police during the investigation which are corroborated by the medical evidence it can be safely inferred that the accused persons have abducted the prosecutrix by inducing to marry her, committed gang rape and put her on fire.