GUNGA BANRA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THIS appeal is directed against the judgment and order of conviction and sentence dated 27.04.2010 and 03.05.2010 respectively passed by Sri R.K. Srivastava, Additional Sessions Judge, F.T.C. -V, Chaibasa, West Singhbhum in Sessions Trial no. 26/2008 whereby and whereunder the appellants were convicted for the offence punishable under section 376(2G) of the Indian Penal Code and were sentenced to undergo rigorous imprisonment for ten years and to pay a fine of Rs. 5,000/ - in default to undergo rigorous imprisonment for a period of six months. However, no sentence was passed for the offence punishable under section 379 of the Indian Penal code.

(2.) THE prosecution story as it would be from the fardbeyan of the prosecutrix Smt. Guru Bari Biruli @ Putni (PW -8) that on 01.11.2007 she along with her husband were going on a motorcycle to their village situated at village Barkundia. It is alleged that when they reached at about 3.30 PM near Bara Modi Ka Jungle, five persons were found standing and the village munda Binu Banra was also standing along with them. It has further been alleged that the informant was forcibly de -boarded from the motorcycle and in spite of her protest and the protest of her husband, she was dragged behind the bushes and all of them committed rape upon her, one after another. It has further been alleged that on the threat of dire consequences the husband of the informant was forced to flee away. It has also been alleged that in course of commission of rape some passerbyes also appeared and committed rape upon her. However, it is stated that on the pretext of urinating and taking advantage of the darkness she managed to flee away and at night she came to village Kuju where the house of one Gope Ji was knocked and the inmates of the house were disclosed about the incident of rape upon the prosecutrix. On the subsequent day the prosecutrix reached her own house and narrated about the incident but the same was not reported and since there was rumor floating in the village, police had come to her house and resultantly the fardbeyan was lodged.

(3.) BASED on the aforesaid allegations Mufassil P.S. Case no. 137/2007 corresponding to G.R. no. 600/2007 was instituted.