BINOD RAM Vs. STATE OF BIHAR

JUDGEMENT

(1.) Both these appeals are directed against the judgment of conviction dated 25-7-2000 and order of sentence dated 27-7-2000 passed in S.T. No. 510 of 1998 whereby and where under the learned VIIIth Additional Judicial Commissioner, Ranchi held the appellants of both the appeals guilty under Section 376(2) (g) of the Indian Penal Code and convicted and sentenced them to undergo R.I. for ten years each.

(2.) Prosecution case in brief is that the informant as well as the victim girl Sunila Kachhap, who is daughter of Madho Kachhap, had gone to attend marriage ceremony on the invitation of Manjula Lakra, daughter of Sadhu Lakra on 10-3-1998. On this occasion, village girls, namely, Munni Kumari, Hira Kachhap, Langri Mundain, Kokali Mundain and others were enjoying dance and singing. At about 11.30 pm she went to make water and she came out of the house for going make water in sahan where appellants and one more accused person were there who were concealing themselves and they caught hold of the informant and appellants and one more accused person took her dragging and pressing her mouth to the quarter of Forest Department situated west of the village where appellant Binod Ram first unlaced her salwar and made her lie on the ground committed rape on her. Thereafter, Vijay Ram committed rape on her. Thereafter, appellants and other accused person threatened to kill her if she disclosed the occurrence. Finding her absent at the place where she was sitting, boys and girls began search of Sunila Kachhap, then the appellants and accused person started fleeing away from that place. The informant came weeping towards the village. Ram Kachhap, brother of the informant and other villagers arrived there and informant narrated the occurrence. Thereafter, a search for culprits was made and appellant Vijay Ram, who had hidden himself inside the house of Manki Ram, was caught and in process of catching him, someone hit Vijay Raj with brick bat due to which he received injury of brick on his head. Sunila Kachhap gave a fardbeyan to the effect as aforesaid and on the basis of this fardbeyan, Doranda PS case No. 59 of 1998 dated 11-3-1998 under Sections 376, 34 of the Indian Penal Code was registered and after completion of investigation charge-sheet in the case was submitted under Section 376(f) of the Indian Penal Code. Cognizance was taken and the case Was committed to the Court of Sessions where learned Vlllth Additional Judicial Commissioner, Ranchi record the evidence of witnesses both oral and documentary and came to a finding and held the appellants guilty and convicted and sentenced them as aforesaid but acquitted the other accused person namely Gopal Ram.

(3.) Prosecution has altogether examined nine witnesses. PW-1 is Hira Kachhap, PW-2 is Dr. (Mrs.) Rital Lai who examined the victim, PW-3 is Langri Kachhap, PW-4 is Munni Kumari, PW-5 is Kokli Mundain, PW-6 is Sunila Kachhap, who is informant as well as victim girl, PW-7 is Ram Kachhap, PW-8 is Jagdish Prasad and PW-9 is Dilip Kumar Singh.