BISHNU MAHLI KISHUN MAHLI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Appellants in all these five criminal appeals have challenged the judgment and order of conviction and sentence, passed by the learned 8th Additional Judicial Commissioner, Ranchi, in Sessions Trial No. 428 of 1995, whereby he was convicted appellants Pushuwa Mahli and Bishun Mahto (Cri. Appeal No. 193 of 1998-R) under Section 376(2)(g) of the Indian Penal Code and sentenced them to undergo rigorous imprisonment for ten years each, whereas rest appellants, namely, Budhram Mahto (Cri. Appeal No. 390 of 2000-R), Malu Mahto (Cri. appeal No. No 117 of 200-R), Asharam Thakur (Cri. Appeal No. 223 of 1998-R) and Babulal Mahli alias Babulal Mahto (Cri. Appeal No. 197 of 1998-R), have also been convicted under Section 376(2)(g) of the Indian Penal Code and each of them have been sentenced to undergo rigorous imprisonment for life.

(2.) The victim girl Resham Kumari, the informant (PW 4), Surdhani Kumari (PW 5) and Pairo (PW 6) along with two other girls of the village, namely, Nanki Kumari and Karmi Kumari (both of them have not been examined in this case) had gone to Tanti Silvey Bazar on 10-2-1995 to sell woods. After selling the woods. they were returning to their homes, situated at Village-Ulatu Kapil Tola Police Station Tanti Silvey, District Ranchi, and at about 6.00 p.m. in the evening they reached Chorpokha. At that place appellants Malu Mahto, Babulal Mahli, Bishun Mahli, Asharam Thakur, Budhram Mahli and Pushuwa Mahli, all of Village-Chatra, who had concealed themselves in a nearby bush, came out running and caught hold of the informant and two other girls. When they raised hulla, then at the point of pistol and chhura (dagger), the appellants threatened them to keep silent. They caught their arms and pressed the mouths and thereafter molested them only with an intention to commit rape upon them. The informant Resham Kumari (PW 4) stated that appellant Malu Mahto and Budhram Mahli committed rape one by one upon her by force, laying her down on the ground. There was semen and blood spot on her sari and petticoat. She sustained injures on her private part. Appellant Babulal Mahli, and Ashram Thakur committed rape on Surdhani Kumari (PW 5), Pairo (PW 6) was raped by appellant Bishun Mahli and Pushuwa Mahli by force, laying her down on the ground. The other two girls namely, Nanki and Karmi managed to escape and fled away towards the village, raising hulla On hulla, the nearby villagers rushed to the place of occurrence and then all the appellants fled away, after committing rape on the above three victim girls. The villagers chased the accused persons and apprehended Malu Mahto (appellant in Cri. appeal No. 117 of 2000-R). On the fardbeyan recorded on 10-21995 at 8.30 p.m. (Ext. 2) all the three victim girls gave their L.T.Is.

(3.) The alleged occurrence took place only due to common intention of all the appellants to commit rape, who are of the nearby villages within Tanti Silvey Police station. They were knowing that the victim girls due to poverty used to go to Tanti Silvey Bazar to sell woods. It was their usual feature of going to Tanti Silvey and returning to their homes in the evening. All these six appellants in the above mentioned five criminal appeals, in furtherance of their common intention to commit rape, hatched up a plan and thereby concealed themselves In a nearby bush near Chorpokha, which is a lonely place. They were waiting the return of the victim girls. As the nearby village is adjacent to the village of these victim girls, they were knowing them. Some of them were known by face and names and the others were known by face. At about 6.00 p.m. while they were returning and reached Chorpokha, all the six appellants chased the victim girls. The victim girl Pairo Kumari was caught by Pushuwa Mahli and Bishun Mahli(appellant in Cri. Appeal No. 193 of 1998-R) and committed rape on her whereas Resham Kumari was caught hold of and raped upon by Budhram Mahli (appellant in Cri. Appeal No. 390-R) and Malu Mahto (appellant in Cri. Appeal No. 117 of 2000-R) and victim girl Surdhani Kumari was caught hold of and raped upon by Asharam Thakur (appellant in Cri. Appeal No. 223 of 1998-R) and Babulal Mahli (in Cri. Appeal No. 197 of 1998-R).