SHYAMA PADA SOREN Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS appeal at the instance of the appellants above named has been preferred against the impugned judgment and order dated 25.7.1995 passed in Sessions Trial Nos. 50 of 1992/ 29 of 1995 by Shri D.D. Guru, Assistant Sessions Judge, Ghatshila, East Singhbhum where and whereunder appellant Shyama Pada Soren was found guilty for the offence punishable under Section 376 of the Indian Penal Code and he was convicted and sentenced to undergo rigorous imprisonment for ten years and to pay a fine of Rs. 2,000/ - and in default thereof to undergo rigorous imprisonment for six months and appellant Ram Chandra Hansda was found guilty for the offence punishable under Section 376/34 of the Indian Penal Code and he was convicted and sentenced to undergo rigorous imprisonment for seven years and to pay a fine of Rs. 1,500/ - and in default thereof to undergo rigorous imprisonment for four months.

(2.) THE prosecution case has arisen on the basis of the first information report (Ext. 1) of PW 2 Malti Hembram, a young unmarried woman aged about 22 to 25 years old, the informant and the alleged victim of ravishment of this case lodged before Chakulia Police Station on 11.8.1991 at 20.15 hours regarding the occurrence which is said to have taken place at 1.00 hour on 9.8.1991 (i.e. in the night between 8th and 9th of August, 1991) in her rented room at village Chakulia, District East Singhbhum.

(3.) THE appellant 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 at the instance of Shipal Soren @ Shipal Master and Gora Murmu in this got up case.