GUJUA MANJHI AND ORS. Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The appeal on hand has been preferred by accused- appellant (i) Gujua Manjhi alias Gajju Hansada, (ii) Guddu Manjhi alias Guddu Hansada and (iii) Anand Manjhi Hansada alias Anand Manjhi alias Hansda against the judgment of conviction dated 16.5.2013 and order of sentence dated 18.5.2013 passed by learned Additional Sessions Judge-II, F.T.C. Bokaro in S.T. No. 450 of 2010, whereby and where-under all the three appellants have been found guilty under Sections 366/34 and 376 (2)(g) of the IPC and sentenced to undergo R.I for ten years and to pay fine of Rs.5000/-each and in default to pay fine, R.I for six months for the offence under Section 366/34, IPC. They have been further sentenced to undergo R.I. for ten years and to pay fine of Rs.5000/- each and in default to pay fine, R.I. for six months for the offence under Section 376(2)(g). Both the substantive sentences are ordered to run concurrently.

(2.) The case of prosecution sans unnecessary details, as one finds from the written report of victim-P.W.7, is that on 29.06.2010 at 8 p.m. in the night, while she was alone in her house and was sleeping having taken her meal, Gujua Manjhi (aged about 23 years), Guddu Manjhi (aged about 23 years) and Anand Manjhi (aged about 23 years) and other two unknown persons entered into her house, caught hold of her and took her away towards Damodar river, where they committed rape on her one by one, resultantly she fainted. After regaining consciousness, she returned to her house at around four in the morning and slept over there. At around 9 a.m. she woke up and narrated her woes to her son, Dusrath Hembram and grandson, Prem Chand Soren. Thereafter, her son went to work as such she could not immediately inform about the incident to the police. In the evening, when her son and her grandson returned from work, she reported the matter to the police.

(3.) On the aforesaid allegations, formal FIR bearing 64 of 2010 under Section 363/376(g) of Indian Penal Code came to be registered in police station Harala against three accused-appellants and two unknown persons, investigation of which was undertaken by police Sub-Inspector Md. Kayum Ansari (P.W. 10) and the completion of investigation resulted into filing of challan against three accused persons, against whom charge for the offence under Sections 366/34 and 376 (2) (g) of the Indian Penal Code was framed for which the appellants stand convicted and sentenced in terms of the impugned judgment/order.