RAJIB MANJHI Vs. RAJIB MANJHI

JUDGEMENT

(1.) THIS appeal is directed against the judgment of conviction and sentence dated 11.9.2000 and 16.9.2000 passed in Sessions Trial No. 199 of 1997, whereby and whereunder the learned 1st Additional Sessions Judge, Bokaro held the appellants guilty under Sections 376(2)(g) IPC and convicted and sentenced them to undergo RI for seven years each and appellant Rajib Manjhi has further been sentenced to pay a fine of Rs. 5000/ - and in default of payment of fine to further undergo RI for three months.

(2.) THE brief facts leading to this appeal are that on 11th April, 1997, on Friday at about 11 AM, the prosecutrix Sanjoti Kumari has gone to fetch water from Barki Joria rivulet, situated at one kilometer away from her village and while she was returning, all the three appellants came there and asked her for sexual intercourse by appellant no. 1 Rajib Manjhi. As per victim, while appellant Rajib Manjhi forcibly raped her, two appellants stood as guards. Thereafter the appellants left the place giving threatening not to disclose to anyone otherwise she may face the consequences. The victim reached her house and narrated the incidence to her mother Malti Devi, who advice her to wait till her father returned from duty. Accordingly the matter was reported to Chas Police Station on 15.4.1997, on the basis of which Chas P.S. Case No. 15/97 was registered under Sections 376/ 34 IPC against all the three appellants. The police investigated the case and got the victim examined by the Doctor, PW 4 and he finally submitted charge -sheet against all the appellants.

(3.) THE main point raised by the learned counsel for the appellants is that the learned trial court has relied upon the evidences of the prosecutrix without being corroborated by the medical evidence. It is further submitted that there was no eye -witness of the occurrence except the prosecutrix and her evidence is not supported by any corroborative evidence. According to the learned counsel, the girl was found aged about 18 years and as per her statement her private parts were subjected to injuries, which could not be found by the doctor. It is also submitted that appellants deserve to be acquitted from the charges under Section 376 IPC. The learned counsel frankly submitted that the appellant No.1 Rajib Manjhi has remained in custody through out the trial and even during pendency of the appeal and, therefore, he has already served the sentence. According to the learned counsel, two other appellants have also remained in custody for about one year.