JAMES TOPNO Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The instant criminal appeal is preferred by the above- named appellants challenging the judgment of conviction and order of sentence dtd. 27/9/2003 / 29/9/2003 passed by learned Additional Sessions Judge, Fast Track Court-II, Gumla in Sessions Trial No. 267 of 2002, whereby and whereunder, the appellants have been held guilty for the offence punishable under Sec. 376 (2)(g) of the I.P.C. and sentenced to undergo rigorous imprisonment for 10 years along with fine of Rs.1,000.00 each with default stipulation.

(2.) It is to be mentioned that appellant no. 4 namely, Jollen Topno died during pendency of this appeal and his appeal has been abate vide order dtd. 13/1/2026.

(3.) The factual matrix giving rise to this appeal is that the victim girl (P.W.-1) lodge a written report (Exhibit-1) stating inter alia that on 18/8/2002, the victim girl (informant) proceeded from her home along with her sister and brother-in-law to Pokla Bazar (Gumla). They were returning from market at about 6:00 P.M. and reached near Raikera, in the meantime, all the four accused persons named in the FIR (present appellants) were sitting on the kalwat, caught hold of the informant, then her sister and brother-in-law attempted to rescue her, upon this all the accused persons threatened to sister of informant that if you want to flee away, you can do so, otherwise, you would also be raped. Due to threatening of dire consequences given by the accused persons, the informant's sister and brother-in-law fled away towards home. Thereafter, all the four accused persons dragged the informant forcibly towards bushes, inspite of her great protest and committed rape on her. It is alleged that at first Jollen Topno (now deceased) committed rape on her. Thereafter all the three accused persons (present appellants) committed rape upon her one by one. The accused persons left her at 10:00 P.M. in night. She was under severe pain, but any how reached the home and narrated about the incident to her parents, sister and brother-in-law. Her health was also deteriorated. Hence, she lodged the written report at police station on 23/8/2002.