TAPAN KUMAR BANERJEE Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Mr. Vijay Gopal, learned counsel for the petitioners and Mr. Manoj Kr. No. 2, learned A.P.P. for the State.

(2.) This revision application is directed against the judgment dated 06.01.2003 passed by the learned 6th Additional Sessions Judge, Hazaribagh in Cr. Appeal no. 128 of 1991 whereby and where-under the judgment and order of conviction and sentence dated 07.06.1991 passed by the learned Judicial Magistrate, 1st Class, Hazaribagh in G.R. Case No. 553 of 1987 convicting the petitioners for the offences punishable under section 377/34 of the Indian Penal Code and sentencing them to undergo R.I. for one year has been affirmed.

(3.) The First Information Report was instituted by the informant Jitendra Singh in which it was alleged that on 26.12.1986 when he was going to the house of one S.P. Roy to watch Television, the petitioners and one boy namely Mehraj Mian had caught hold and brought him near a standing truck. It is alleged that three accused persons had stepped out from the truck and brought the informant in a bush where after he was sodomized. It is alleged that during the course of the unnatural act committed upon the informant the petitioners were exhorting the main accused Mehraj Mian. It is further alleged that subsequently the informant came to his house and narrated about the occurrence to his family members and thereafter a case was instituted at Giddi 'A' Police Station which was registered as G.R. No. 553 of 1987.