ROBINSON BARLA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THIS appeal is directed against the judgment of conviction and order of sentence dated 31.08.2001 and 01.09.2001 respectively, passed by Sri Vikramaditya Prasad, learned Sessions Judge, Hazaribagh in S.T. No. 110 of 2001 ( Sadar (M) P.S. Case No. 164/2000, whereby and whereunder the appellants have been convicted for the offences punishable under Section 376/511/34,452 and 323/34 of the Indian Penal Code and have been sentenced to undergo 3 years and 6 months rigorous imprisonment for the offence under section 376/511 /34 of the Indian Penal Code, 3 years rigorous imprisonment for the offence under Section 452 of the Indian Penal Code and 6 months simple imprisonment for the offence under section 323/34 of the Indian Penal Code as also to pay a fine of Rs.1,000/ - for the offence under Sections 376/511/34 of the Indian Penal Code and in default of payment of fine to undergo 3 months rigorous imprisonment and all the sentences are to run concurrently. During pendency of the appeal, appellant no. 2 -Vidya Sagar Gope died in the year 2002 and as such the appeal preferred by him had already abated under Section 394 of the Code of Criminal Procedure and the present appeal is being pursued by the appellant nos. 1 and appellant no. 3.

(2.) THE prosecution story as would appear from the fardbeyan given by the prosecutrix (P.W -1) on 7.5.2000 at about 5 P.M. is that when the informant was returning to her house after having bath, accused no. 1 (A/1) entered by scaling over the wall and attempted to catch hold of her. It has been alleged that the informant started running but A/1 caught hold of her hair and she fell down on her back. It has further been alleged that A/1 opened his 'lungi' and on alarm having been raised by the informant, her sister Makdali Hembram came and started pelting stones. Accused nos. 2 and 3 ( A/2 and A/3) have caught hold the hands of sister of the informant, on which she also raised alarm and on hearing cry, the father of the informant came but A/1 threw him on the ground and started pressing his neck. Based on the aforesaid allegations, Sadar (M) P.S. Case No. 164 of 2000, corresponding to G.R. No. 862 of 2000 was instituted against the three accused persons, all of whom are appellants in the present case.

(3.) AFTER registration of the case, the investigation commenced and after finding the case to be true, chargesheet was submitted against all the accused persons and after cognizance was taken the case was committed to the court of Sessions by Shri M.K. Sinha, learned Judicial Magistrate, 1st class, Hazaribagh. Charge was framed against the accused persons for the offences punishable under Sections 376/511/34,450/323/34 of the Indian Penal Code and all the accused persons pleaded not guilty and claimed to be tried.