MIKAIL TUDU, VAKIL MURMU, MOTILAL SOREN, SUNIL HANSDA, GOPIN SOREN, SHANKAR HANSDA, SANAT SOREN Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The appellants have filed this appeal against the Judgment of conviction and order of sentence dated 24.08.2002 and 26.08.2002 passed by the Sessions Judge, Dumka Session Case No. 345 of 1990), whereby he has convicted the appellant under Section 376 of the Indian Penal Code and sentenced him to undergo R.I. for ten years and the sentenced to run concurrently.

(2.) The prosecution case in brief is that a case has been registered on a written report of Sushila Kisku daughter of Lubin Kisku wherein she has stated that on 22.11.86 at about 4.P.M., she along with her friend Shilbanti Kisku and her brother Anand Kisku and Bhabhi had gone to the village Kushpahari under P.S. Shikaripara, District Dumka to see Rash Mela. When they were returning from Rash Mela on 22.11.86 and reached at Karma Morh, at about 6. P.M., nine boys intercepted them and assaulted the brother and Bhabhi of the informant and forced them to flee away and then six boys raped the informant and three boys raped her friend Shilbanti Kisku. The informant said that accused Sanat Soren, Vakil and Shankar and three unknown boys raped her. She further stated that the rest three unknown boys raped her friend Shilbanti Kisku. She has further stated that after half an hour of the occurrence, her parents and other persons came from the village and then the accused persons fled away. Then the informant and their parents went to the village Pradhan of village Karma. But the village Pradhan refused to decide the matter and then they came to the police Station. The informant has further alleged that the accused persons snatched her gold ear ring and silver chain also. The Police has registered Dumka (M) P.S. Case No.100/86 under Section 376 and 379 I.P.C. and after investigation submitted the charge sheet only under Section 376 of the I.P.C. against the aforesaid appellants and two others namely Debi Dhan Hansda and Babulal Soren. During the pendency of this case Baburam Soren died and the trial court acquitted the Debidhan Hansda by its aforesaid judgment.

(3.) The prosecution to prove its case has examined 13 witnesses namely P.W.1 Lobin Kisku, P.W.2 Rabedha Besera, P.W.3 Anant Kisku, P.W.4 Lal Soren, P.W.5 Sunil Murmu, P.W.6 Wakil Kisku, P.W.7 Jiwan Kisku, P.W.8 Sushila Kisku (the victim), P.W.9 Basant Kumar Dey, P.W.10 Dr. Pushpa Lata Tudu, P.W.11 Babulal Das, P.W.12 Manoj Kumar Verma (Judicial Magistrate), and P.W.13 Shilwanti Kisku (Victim). The P.W.4 and P.W.5 have been declared hostile by the prosecution and P.W.9 and P.W.11 are the formal witnesses. The prosecution has not examined the I.O. and no reason has been assigned for the same.