SHASHANK SHEKHAR BERA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Mr. Yogesh Modi, learned counsel for the appellants and Mr. Saket Kumar, learned A.P.P.

(2.) This appeal is directed against the judgment and order of conviction and sentence dtd. 28/11/2015 (sentence passed on 30/11/2015) passed by Shri Satya Prakash Sinha, learned Additional Sessions Judge-I, East Singhbhum, Jamshedpur in S.T. No.247/13, whereby and whereunder the appellants have been convicted for the offence under Sec. 376(D) IPC and have been sentenced to rigorous imprisonment for 20 years along with a fine of Rs.15,000.00 each and in default in payment of fine, to undergo further rigorous imprisonment for 6 months.

(3.) The prosecution case arises out of the Fardbayan of victim 'X' recorded on 13/2/2013 in which it has been stated that the husband of the informant works in a soap factory at Chakulia. On 12/2/2013 at 8.30 pm the informant had served dinner to her mother-in-law and after answering the call of nature she returned to her house where she found two persons in the kitchen. In the light the informant identified them as Shashank Shekhar Bera and Setu Bera. Both the said persons caught hold of the informant and by pressing her mouth forcibly took her towards the house of Anil Bera. The informant struggled and became unconscious. It has been stated that the husband of the informant returned from work at midnight and was searching for her when she called out at which the husband of the informant brought her home. It has been alleged that when the victim regained consciousness, she found her entire body paining and blood was oozing from her private parts and the informant realized that she had been subjected to rape and she was thrown by the accused persons from the roof.