GOPAL LOHRA & ORS. Vs. STATE OF BIHAR

JUDGEMENT

(1.) These two appeals arose out of the common judgment of conviction and sentence dated 21.7.1997, passed by Sri D.P. Singh, 4th Additional Judicial Commissioner, Ranchi whereby the accused namely Gopal Lohra, Jitwahan @ Jitendra Oraon and Jagdish Sao (Appellants in Criminal Appeal No. 215/97(R) were found gulty under Section 376 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for life and accused namely Surendra @ Jhirga Sahu and Sarju Oraon @ Surju Oraon @ Suraju Oraon (Appellants of Criminal Appeal No. 216 of 1997(R), though, were also found guilty under Section 376 of the Indian Penal Code, have been sentenced to undergo rigorous imprisonment for 10 years.

(2.) The prosecution case briefly stated, is that on 11.5.1995, the informant, had gone to 'Jatra Mela' at village Cambo, P.S. Mandar, District-Ranchi (Her full name and identity has been concealed). Two other girls namely Kripa and Sushmita of the same village were also with her. The accused, Jitwahan @ Jitendra Oraon and Jagdish Sao teased her in Mela. He was in the company of other 6/7 boys. The informmat reacted and abused Jitwahan. In the evening, while she was returning to her village Kurkura along with the aforesaid two girls, accused, Jitwahan, Jagdish Sao and Gopal Lohra who were, following them, stopped them. Jitwahan and Jagdish Sao took the informant to certain distance towards 'Don' under a Mango tree leaving the other two girls in the care of co- accused, Gopal Lohra and under the threat of life, Jitwahan forcibly committed rape on the victim/informant. The accused, Jagdish Sao, Gopal Lohra, Surju, Temba, Sachindra and Surendra also came there one by one and committed rape on her, which continued up to 10 p.m. The said accused, thereafter, took her to nearby Doctor at village Cambo as she was bleeding and had pain in her belly. The doctor gave some medicine and she was left in the house of one familiar lady at village Cambo, who belonged to village Kurkura. There she met with the other two girls who had escaped. The informant/victim had explained that since the accused persons had threatened dire consequences for disclosing the incident, hence she did not report the matter to anybody or to her family members. After staying at village Cambo, she returned home the next morning. After two days her brother, Anup got some hint about the incident. He persuasively inquired from the informant. The informant then disclosed everything to her brother Anup along with other villagers of Kurkura went ot the village of Jitwahan and caught hold of him along with Jagdish and Surju. All of them were brought to village Kurkura and kept in confinement. The accused, Jitwahan anyhow managed to escape. When the other accused Jagdish and Surju were being taken to Mandar Police Station, accused Gopal and Sachindra were caught hold near Terhy Bridge. The villagers met the local MLA at the house of one Ajay Ekka and narrated the incident, whereupon he called the police and on the statement of the victim/informant, the police registered a case against the said accused person under Section 376/34 of Indian Penal Code. The police thereafter took up investigation. On completion of investigation, the police submitted charge sheet against all the accused/appellants under Section 376/34 of Indian Penal Code.

(3.) The accused, namely, Sachindra Sahu was found to be minor and his case was split-up and sent to Juvenile Board. The case of the remaining accused persons was committed to the Court of Sessions.