BIREN SARDAR Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Mr. Jay Shankar Tripathi, learned counsel appearing for the appellant(s) and Ms. Vandana Bharti, learned A.P.P.

(2.) Aforesaid appeals arise out of the same judgment of conviction and order of sentence. Accordingly, both these appeals are being disposed of by a common judgment. These appeals have been preferred against the judgment of conviction dtd. 31/1/2019 and order of sentence dtd. 8/2/2019, passed by Sri Anuj Kumar, the then learned Additional Sessions Judge-X, Jamshedpur, in connection with Sessions Trial No. 101 of 2013, arising out of Jadugora P.S. Case No. 40 of 2012, corresponding to G.R. No. 398 of 2012, whereby and wherein, learned Additional Sessions Judge-X, Jamshedpur held the appellant Biren Sardar (Cr. Appeal (D.B.) No. 373 of 2020) and appellant Ram Das Sardar ( Cr. Appeal (D.B.) No. 339 of 2019), guilty of offence under Sec. 376 (2) g of the Indian Penal Code and sentenced them to undergo imprisonment for life along with a fine of Rs.50,000.00, in default of payment of fine both the appellants were directed to further undergo simple imprisonment for one year. The fine amount if realized, was ordered to be paid to the victim.

(3.) The prosecution case was instituted on the basis of the fardbeyan of the victim aged about 13 years alleging therein, that on the date of occurrence, she was going to the house of Bablu Ansari to watch television, while on the way, the appellants Ram Das Sardar and Biren Sardar accosted her, dragged her towards the house Of Hazi Ansari, where she was forced to consume Mahua liquor. Thereafter, at about 10:00 P.M., they took her to "Jahira Sthan" where she was raped by both the appellants. At about 11:30 P.M., co-villagers came there and found her naked and took her to the house of her uncle Deb Singh Sardar.