JHIRGA ORAON Vs. STATE

JUDGEMENT

(1.) All the three appellants preferred this appeal against the judgment of conviction and sentence dated 28/29-9-1995 passed by 3rd Additional Judicial Commissioner, Ranchi in S.T. No. 257/92 under which the learned Sessions Judge convicted the appellants under S. 376(b) of the Indian Penal Code and sentenced each of them to undergo R.I. for 10 years.

(2.) The case of the prosecution in brief as stated that the Informant Birsi Kumari (P.W. 4) claimed to had gone to her aunt's house, namely, Birsi Orain to celebrate Sarhul festival which is situated in her own village and slept in the night in the house of her aunt with Nagia Oraon and Chaiya Oraon. In the midnight at about 12 a.m. the appellants entered into house and all of them lifted the informant and took her away, when she also raised alarm at which Nagia and Chaiya Orain also woke up and they objected, but even the appellants threatened to keep quite and thereafter they took her to Patra jungle one kilometer from village and thereafter all of them committed rape one after another. It is further alleged that the appellants after committing rape brought her in the village and thereafter they fled away whereas the informant went to the house of her aunt and slept there.

(3.) Having heard both parties, the learned trial Court convicted and sentenced of the appellants in the manner, as stated above. The appellants preferred this appeal on the ground that the trial Court has committed error in convicting the appellants as there was no cogent and independent witnesses to support the prosecution case as well as the doctor was not examined. It is also claimed that Nagia and Chhaiya, who were the competent witnesses have not supported the prosecution case and they were examined as the witnesses of defence and as such the whole prosecution case becomes suspicious as the genesis of the occurrence itself falsified.