BASANT SAHU Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) BOTH the criminal appeals are directed against the common judgment of conviction passed by the Sessions Judge, gumla in S. T. No. 272 of 2001 where-by and whereunder the appellants Chilgu Oraon and Basant Sahu were sentenced to undergo rigorous imprisonment for ten years each and to pay fine of Rs. 500/- each with default stipulation for their conviction under section 376 (2) (g) of the Indian Penal Code and further to undergo rigorous imprisonment for seven years each for their conviction under Section 366/34 of the Indian penal Code and to pay fine of Rs. 500/- each with default stipulation. Both the sentences against each of the appellants were directed to run concurrently.

(2.) THE prosecution story as it stands narrated in the statement (fardbeyan) of the informant, Bandhna Oraon (P. W. 8) was that in the night of 21-6-2001 at about 21. 30 hours while he was taking meal in his house, he heard knock on the window followed by command from outside to open the door and in the same sequence the window pans were opened with the push. The informant then witnessed two miscreants standing outside window holding country guns in their hands. They threatened commanding the informant to open the door and pursuant to that, the informant opened under their fear. Both entered into his house. He identified one of the intruders being the appellant, Chilgu oraon in the light of electric bulb but another could not be identified. Chilgu Oraon placed his demand that his party was in need of a person and for that he asked the informant or his son to join his party or allow his sister to accompany them otherwise, he threatened that all the members of his family would be shot dead. The Informant further narrated that inspite of his resistance both the intruders took away his sister Manorama Kumari, 22 forcibly with them after closing the door of his house from outside with ulterior motive. Several villagers and the witness Birsa Bhagat (P. W. 1) assembled there on the alarm raised by him who opened the door from outside but by that time the miscreants had escaped with manorama Kumari from that place. He delivered his statement when the police arrived there on information, and the police registered gumla P. S. Case No. 160 of 2001 initially under Section 366a of the Indian Penal Code against the appellant, Chilgu Oraon and one unknown on 22-6-2001 at 1. 30 hours.

(3.) FROM the facts of the case it transpires that Monorama Kumari returned back in the morning of 22-6-2001 and soon thereafter her statement was recorded by the police. In course of investigation the police arrested the appellants and forwarded them to Judicial custody under the orders of the C. J. M. Gumla. The police after investigation submitted chargesheet against both the appellants for the offence under Sections 366a/34, 376 (2) (g) and 458/34 of the indian Penal Code as also under Section 27 of the arms Act. The statement of the victim monorama Kumari was recorded during investigation of the case under Section 164 cr. P. C. and the police collected piece of bangles from the alleged place of occurrence in presence of the witnesses to which seizure list was prepared. The police had also prepared production cum seizure list of the garments produced by Manorama Kumari which she wore at the time of gang rape but it were washed. She was medically examined by P. W. 3 Dr. Shakuntala Pandey who proved injury report (Ext. 3 ).