BHOLA TUDU Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THE present Cr. Appeal is directed against the judgment of conviction and order of sentence passed on 25.7.2003 and 26.7.2007 respectively by the IV Additional Sessions Judge, Dumka in Sessions Case No. 143 of 1995 whereby and whereunder the appellants, Bhola Tudu and Munna Tudu are convicted under section 376(2)(g) of the Indian Penal Code for committing gang rape on the prosecutrix Salani Kisku and sentenced each of the appellants to undergo rigorous imprisonment for five years.

(2.) THE prosecution story, as it stands narrated in the statement of P.W. 1 Saloni Kisku, at the police station on 25.5.1993, was that she was an unmarried girl and on 23.5.1993 she had been towards east of her house in the field at about 2 O'clock noon to pluck leaves in the barren land. While she was returning at about 6 p.m., the appellants Bhola Tudu, Munna Tudu and one Dumai Murmu pushed head loaded basket of leaves. Consequently the basket fell down and the leaves scattered. She further narrated that the appellant Bhola Tudu forcibly laid her down on the earth and committed rape by removing her garments. Thereafter, the appellant Munna Tudu and after him Dumai Murmu ravished her one by one. She further narrated that in spite of her strong resistance and opposition she could neither raise alarm as her mouth was gagged nor she could get her self released. The culprits terrorized her by warning that she would be killed in case of conveying the occurrence to anyone. The culprits escaped thereafter. She returned back to her home and narrated the occurrence to her father Bhan Kisku (P.W. 2) and other members of her family. The matter was informed to the village Panchayat of Tarejora and on the advise the matter was reported to the police by lodging FIR against all the three named accused and explaining the delay giving rise to Jama P.S. Case No. 31/ 1993 on 25.5.1993 under section 376 IPC. The accused Dumai Tudu claimed to be Juvenile for his trial by competent court and upon being satisfied his case was split up and transferred to the Juvenile Justice Court (ACJM) by the order of the C.J.M. on 25.1.1994.

(3.) THE prosecution examined altogether five witnesses viz. P.W. 1 Bhan Kisku, the father of the prosecutrix; P.W. 2 Prosecutrix Solani Kisku; P.W. 3 Subodhi Murmu mother of the prosecutrix; P.W. 4 Neelmuni Kisku sister of the prosecutrix and P.W. 5 Dr. Pushpalata Tudu who had examined the prosecutrix Saloni Kisku. The prosecution failed to produce the Investigating Officer of the case in the witness box. Besides, the prosecution proved the signature of P.W. 1 Bhan Kisku on the statement of the prosecutrix at the police station Ext. 1 and the medical report Ext. 2.