NELSON BHUIYA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) WE have not preferred to name the victim in this judgment in view of the amended Section 228A of the Indian Penal Code read with the decision of the Supreme Court in State of Karnataka v. Pattu Raja : 2004 (1) S.C.C. page 475 and hereafter refer her as the victim or the victim girl.

(2.) THE appellants were charged for committing rape on the victim girl and were tried and found guilty under Section 376(2)(g). They have been convicted and sentenced to undergo life imprisonment and to pay a line of Rs. 5,000/ - each and in default to undergo rigorous imprisonment for two years. The appellant, Pradip Gope, has been also convicted under Section 341 of the Indian Penal Code but there is no order of separate sentence for the same.

(3.) THE allegation is that the appellant Pradip Gope met with her on the way and asked her to accompany him on the plea that he would introduce and arrange more domestic work in the neighborhood. On her denial to the proposal she was forcibly overpowered and dragged by Pradip Gope and was brought to a lonely place near the Shiv Mandir where she was assaulted by fists and slaps. She was gagged by them, pushed on the ground and raped by the boys including the appellant, one after the other. Thereafter all fled away. The victim remained lying unconscious for the whole night. The inmates of her house on search found her lying there on the next day. As she was unable to walk due to injuries they helped her and brought to Gua hospital where she was treated.