RAMDHAN SOY AND OTHERS Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) All the five appellants have preferred this appeal against the judgment of conviction and sentence dated 29.3.2001 passed by 2nd Additional Sessions Judge, Seraikella in S.T. No. 269 of 1997 whereby and where under the appellants have been convicted under Sec. 376(G)/34 of the Indian Penal Code and have been sentenced to undergo Rigorous Imprisonment for ten years each.

(2.) Brief facts leading to their conviction are that the informant Mangri @ Shanti Kundra along with Parvati Mundain has gone to Hat in the afternoon of 24.3.1997 situated at Kuchai. Further stated when she along with Parvati Mundain and one Nirmal Mahto was returning to their village, she could not get any vehicle therefore, they stated on foot towards their village. According to the informant when she reached near village Sudsi four persons forcibly carried away Parvati Mundain towards forest. She further stated that thereafter Nirmal Mahto left them and fled away. She also started fleeing away but after 100 yards she was caught hold by three persons and they dragged her inside the forest where she was subjected to rape. According to her version after one hour all the accused persons left her and fled away. She could reach her house in the midnight and informed her mother regarding the incident. She named one Babulal Das as one of the rapist. She could learn from Parvati Mundain in the morning that she was also raped by 10 persons repeatedly. She claimed that she may identify them.

(3.) The matter was reported to Kuchai police on 25.3.1997 in which she claimed that she along with Parwati Mundain was gang raped by 15 persons. The police registered Kuchai P.S. Case No. 6 of 1997 under Sec. 376(G)/34 of the Indian Penal Code and investigated the case to submit charge-sheet. The case was committed for trial by the Court of Sessions and charge was framed against all the 12 persons. The learned trial Court after examining the witnesses found and held six persons not guilty and acquitted them of the charges. However, the learned trial Court found and held the appellants along with one Babulas Das guilty for the offence under Sec. 376(G)/34 of the Indian Penal Code and sentenced them to serve RI for ten years each. The appellant Babulal Das has remained in custody through out the trial and it is not known whether any appeal was preferred by him or not.