PRADEEP GON Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The instant Criminal Appeals have been preferred against a common judgment of conviction and order of sentence, both, dated 30.06.2003, passed by learned 1st Additional Sessions Judge, Dumka, in Sessions Case No. 141 of 1996, whereby both these appellants have been convicted for the offence committed and punishable under Sections 376/511/34 of the Indian Penal Code and awarded rigorous imprisonment for four years to both the appellants. Both the appellants have separately preferred criminal appeals against the impugned judgment of conviction and order of sentence and are being jointly heard by this Hon'ble Court.

(2.) The prosecution case is based upon the fardbeyan of Babita Baski (P.W. 4), recorded by Officer-in-Charge, Gopikandar Police Station, in presence of the Satya Sikshanand Murmu, Headmaster of the school and friend Kabita Kumari, on 29.04.1995 (Saturday) at around 08.15 A.M. The informant has alleged that, she along with her friend Kabita Kumari, went to clean their cloths at the hand pump situated in front of the house of the Forest Guard, at a distance of 50 Gz. from the house of the forest guard outside of their hostel, while the informant was cleaning her clothes, the appellant Pradeep Gon came and started using filthy languages and thereafter, he lifted the informant along with the bucket of clothes and took the informant inside the room with the help of Manu Das, co-accused (who died during pendency of the appeal and his Cr. Appeal (SJ) No. 927 of 2003 has been abated by this Hon'ble Court) and co-accused Ram Marandi closed the door from inside and thereafter, all the accused persons started teasing the informant. In the meantime, the informant got an opportunity and ran out of the house from the back door. Informant has further stated, that her friend Kabita Kumari went to hostel and raised brawl, upon which the Headmaster and other persons came there and thereafter got knowledge of the occurrence. The informant has claimed, that Pradeep Gon, Manu Das and Ram Marandi, with bad intention, took her inside the house and closed the door from inside but they remained unsuccessful in committing rape.

(3.) On the basis of the fardbeyan of the informant, police registered Gopikandar P.S. Case No. 08 of 1995, dated 29.04.1995, under Sections 376/511 of the Indian Penal Code.