YUNUS ANSARI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This appeal is directed against the judgment of conviction and sentence passed under Sec. 376(2)(g) of the Indian Penal Code in which the appellants have been sentenced to undergo rigorous imprisonment for ten years and fine of Rs.5000.00 each and in default of payment of fine to undergo R.I. for six months.

(2.) As per the fardbeyan, the prosecutrix (P.W. 3) on 17/2/2005 at 12.30 p.m. had gone to take bath in Joria Nala which is situated at a distance of 01 Km. from the village. Before taking bath, when she went to attend to natural call, it is alleged that both the appellants namely Yunus Ansari and Sahabuddin Ansari committed rape with her. Sahabuddin caught hold of her both hand and muffled her mouth and Yunus had sexual intercourse with her. They threatened her from not disclosing the incidence to anyone. The moment they left the place of occurrence, she raised alarm and villagers came to her rescue. After returning home, she narrated to it to her mother and brother Rahmat Ansari. Thereafter, this case was lodged.

(3.) On the basis of the statement of the victim, Harla P.S. Case No.21 of 2005 was registered under Sec. 376/34 of the Indian Penal Code. Police on investigation, found the case not true and submitted closure report. A protest cum complaint petition was filed on 7/5/2007 and thereafter, cognizance was taken by the learned trial court under Sec. 376/34 of the IPC. After commitment, the accused persons were put on trial under this Sec. .