SURESH MAHTO Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) BOTH the appellants named above have preferred these appeals against the impugned judgment and order dated 01.08.2002 and 02.08.2002 respectively passed in Sessions Trial No. 326 of 2001 by Shri Prabhu Tiwary, Special Judge -cum -Additional Judicial Commissioner, Ranchi whereby.and whereunder they were found guilty for the offence punishable under Section 376 (2) (g) of the Indian Penal Code and they were convicted and sentenced to undergo R.I. for 10 years each. Both the appeals are hereby disposed of by this judgment.

(2.) THE prosecution case has arisen on the basis of the fardbeyan (Ext. 1) of P.W. 3, Lalo Kumari, the informant who is an unmarried woman aged about 21 years and alleged to be the victim of ravishment in this case recorded on 12.12.2000 at about 22.00 hours in the village Barway Barsati by S.I., Shri PR. Sharma, O.C. Ormanjhi P.S. regarding the occurrence which is said to have taken place on that very day at 19.30 hours in a bamboo clump between.village Dahu and Buribagi, PS. Ormanjhi District Ranchi and a case under Section 323 and 376/34 of the Indian Penal Code was instituted against both the appellants by drawing a formal F.I.R. on the following day at 01.30 hours which was received on 14.12.2000 in the court empowered to take cognizance.

(3.) BOTH the appellants have pleaded not guilty to the charge levelled against them and they claim themselves to be innocent and to have committed no offence and that they have been falsely implicated in this case by the informant at the instance of Jogeshwar Thakur, the mukhiya of the village due to enmity which was existing and alive between appellant Suresh Mahto on the one hand and the Mukhiya on the other hand as the appellant Suresh Mahto was appointed as village Postmaster and the candidature of the son of Mukhiya was rejected.