BODHO SAH Vs. STATE OF BIHAR NOW JHARKHAND

JUDGEMENT

(1.) The appellants being aggrieved and dissatisfied with the order of conviction dated 19/06/1996 and sentence dated 20-6-1996 passed by learned 3rd Additional Sessions Judge, Deoghar in Sessions Case Nos. 175 of 1992/65 of 1992 where by and whereunder they have been convicted under S. 376, I.P.C. and sentenced to undergo imprisonment for life, have preferred this appeal.

(2.) The prosecution case, in short, is that informant Sugani Devi (P.W. 5) went to the police station on 1/07/1990 at 9.30 p.m. alongwith her husband P.W. 2 Chhotu Thakur taking old Sari, green colour black spotted polyester and one old petticoat and alleged that on 30-6-1990 in the morning at 8.00 p.m., she had gone to Mehdi Sah of village Kandadih to offer "Mali" to his grand-son. She was returning at about 5.00 p.m. and when she reached in between Dahajor and Mauza Tuhio near a sugarcane field, both appellants-Arjun Sah and Bodho Sah came to her and asked her to go inside the Sugarcane field and on her query she was caught by both the appellants and taken into the Sugarcane field. She was laid down and was raped first by appellant-Arjun Sah and thereafter appellant Bodho Sah ravished her. After committing rape, they left for their houses. Informant came out of the Sugarcane field. She saw Shivnath Mahto and Sukhdeo Thakur (P.W. 1) both of village Deonathdih coming whom she narrated the entire occurrence. They also saw both the appellants fleeing away. At home, her husband was not there as he had been to Deoghar. Her husband returned home in the evening on 1/07/1990. Then she narrated the entire occurrence to him and thereafter, she alongwith her husband went to the Police Station where the First Information Report (Ext. 3) was recorded on which she gave her L. T. I. and her husband Thakur Sah signed on it.

(3.) The prosecution has examined altogether 8 witnesses in order to prove its case. P.W. 1 Sukhdeo Thakur claims to be a witness who saw informant Sugani Devi weeping outside the sugarcane field. When she informed regarding commission of rape by these appellants, then he also saw both the appellants fleeing away. P.W. 2 Chhotu Thakur is the husband of the informant-victim who is hearsay witness. P.W. 3 Girdhari Mahto and P.W. 4 Parsuram Mahto are seizure list witnesses who signed on the seizure list (Exts. 1/1 and 1/2) respectively in respect of seized Sari and petticoat by the I.O. in carbon process in their presence. P.W. 7 Chandrashekhar Singh, a formal witness, has proved FIR (Ext. 3) in the pen and signature of Sohan Prasad, O/C, Sakho PS. P.W. 8 Ashok Kumar Mishra, another formal witness, has proved the seizure-list (Ext. 4) prepared by Sohan Prasad. O/C. Sakho PS in his pen and signature. P.W. 5 victim Sugani Devi is the informant of this case. P.W. 6 Dr. (Smt.) Sardha Singh examined the victim lady Sugani Devi and issued injury report (Ext. 2).