GHOSA BAN SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Both the appeals at the instance of appellant-Ghosaban Singh as well as appellants-Hemant Purti, Maru Basi and Sunil Jamuda are directed against the impugned judgment and order dated 30-6-1997 passed in S.T. No. 434 of 1995 by Sri Tabarak Hussain, 1st Assistant Sessions Judge, Jamshedpur whereby and whereunder all the appellants were found guilty for the offence punishable under S. 376 of the Indian Penal Code and they were convicted and sentenced to undergo rigorous imprisonment for nine years. However, co-accused-Langra Say, Jogen Chaki and Krishna Banra alias Dharu Banra were not found guilty and accordingly, acquitted for the said charge.

(2.) The prosecution case has arisen on the basis of the fardebyan (Exhibit-3) of informant P.W. 1 Fulmani Kunkal, aged about 17 years, the alleged victim of ravishment, recorded by Vijay Kumar Singh O/C Parsudih P.S. on 28-12-1994 at 13.00 hours regarding the occurrence which is said to have taken place on 27-12-1994 at 17:30 hours in a Government School near Janigora Chowk. P.S. Parsudih District East Singhbhum and the case was instituted against the appellants and acquitted accused persons on that very day at 13.15 hours by drawing of the formal FIR (Exhibit 2) which was received on 30-12-1994 in the Court empowered to take cognizance.

(3.) The prosecution case, in brief, is that the informant works as a labourer in Jamco Company under a contractor and she is 17 years old and her duty hour is from 7 Oclock in the morning to 4 Oclock in the evening and when she was going on foot to her house in village Tupudang at 17.30 hours on 27-12-1994 and reached near Janigora Chowk, appellant-Ghosaban Singh, a resident of Janigora Chowk along with his co-villagers i.e. appellants-Maru, Sunil and Hemant prevented her from going ahead and asked her to proceed towards the Government School and on her protest, they forcibly took her towards the said school intimidating her and out of fear she went with them in the said school. It is alleged that all the appellants intended to ravish her in the said school on intimidation and on her protest they forcibly felled her on the ground and thereafter appellant-Ghosaban Singh pushed her on the floor and ravished her and thereafter appellants-Maru and Sunil and Hemant ravished her one after the other and in the meantime, their three friends also came there and they also ravished her. It is alleged that she does not know the name of the aforesaid three persons but she can identify them. It is alleged that she became unonscious due to the ravishment and she regained consciousness at about 4 Oclock in the morning and she went to her house and narrated the incident to her parent. It is also alleged that appellant-Ghosaban Singh had covetous eyes over her since long but she did not have any talk with her and due to this he has ravished her along with his three friends besides three unknown persons.