ANAND KUMAR MAHTO Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Both the instant criminal appeals are preferred for setting aside the judgment and order of conviction and sentence dtd. 30/4/2003 passed by the learned Addl. Sessions Judge-II, West Singhbhum at Chaibasa in S.T. No. 75 of 2002 whereby and whereunder the appellants have been held guilty and sentenced to undergo R.I. for 10 years along with a fine of Rs.1000.00 each with default stipulation for the offence under Sec. 376 (2)(g) of the Indian Penal Code.

(2.) We have already heard the arguments of Mr. B.M. Tripathy, learned Sr. counsel and Mr. R.P. Gupta, learned counsel for the appellants and learned APP for the State.

(3.) The factual matrix giving rise to these appeals is that the informant-cum-victim aged about 14 years was a student of class-VI. On 3/12/2001, at about 4:00 PM, the victim girl proceeded to her village Jharbera from Gopipur to bring grocery articles etc. on her cycle. It is alleged that when she reached near Trila Chowk, she met with one Javni Toppo (P.W.-2), aged about 18 years and gave lift to her on her cycle. It is further alleged that near Raikera, both the girl alighted from the cycle and started moving on foot due to hillock road. In the meantime, Mangilal Mahto, Postman-Raikera along with Udhisther Mahto @ Compounder Mahto, Anand Mahto and Nishikant Mahto, all residents of Raikera started chasing both the girls, who were running to some distance but got tired and fell down along with her cycle. It is alleged that informant's girlfriend anyhow escaped from accused persons and fled away but the informant-cum-victim girl was caught and lifted by Mangilal, Udhisther, Anand and Nishikant, who gaged her mouth and brought towards Lokra Huri Hillock in a bushy area, laid her down on earth, untying her under garments, all the four persons committed rape on her, one by one, as a result of which, she became unconscious.