JHONI SINKU Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned Amicus Curiae Mrs. Alpana Verma in Criminal Appeal No. 212 of 2013 and learned counsel for the appellant Mr. Shivam Sahay appearing on behalf of the appellant in Criminal Appeal No. 145 of 2013 and Learned counsel for the State Mr. S.K.Srivastava, Additional Public Prosecutor in both the appeals.

(2.) These two appellants stand convicted for the offence under Section 376(2)(g) of the Indian Penal Code by the impugned judgment dated 29.01.2013 passed in Sessions Trial No. 165 of 2010 by the learned Additional Sessions Judge-II, West Singhbhum at Chaibasa and have been sentenced to undergo R.I for 10 years with a fine of Rs.10,000/- and in default of payment of fine, to further undergo S.I. for 3 months by the order of sentence dated 30.01.2013.

(3.) The First Information Report being Gua (Bara Jamda) P.S. case No. 21/2010 was registered on 18.04.2010 under Section 376(2)(g) of the I.P.C on the basis of fardbeyan of the victim woman aged 40 years 'X' (name withheld) recorded by Assistant Sub Inspector of Police Nalin Mohan Jha at 05.00 Hrs on 18.04.2010 at the Primary Health Centre, Barajamda. The fardbeyan was recorded in the presence of the daughter of the Informant Sanju Gope,P.W.1. Informant alleged that she is a widow having three daughters and a son. She is engaged as a sweeper at MGM Crusher, Barajamda on a weekly wage of Rs.300. She had a habit of taking country made liquor like 'Haria' / 'Mahua' regularly. On the previous day i.e., Saturday 17.04.2010 she had gone to Barajamda to the house of Jogen for having 'Haria' liquor. Since, 'Haria' was not there, she consumed 'Mahua' liquor. At the same time at the shop, accused Murli Kumhar aged about 40 years, Jhoni Tribal aged about 35 years and another person, all of Barajamda came to the shop and Murli Kumhar sat very close to her. She asked him to move away a bit. She had two glasses of 'Mahua' liquor for which Rs.20 was paid by Murli Kumhar. She felt intoxicated and at 7.00 in the evening started to go back to her home. She was followed by Murli Kumhar, Jhoni and another accused who insisted upon escorting her to her home. While she was passing through the field at around 7.30 in the evening when it was dark, behind the Central Hospital, Barajamda, accused Murli Kumhar and Jhoni pushed her towards the field. She raised a hulla but they did not heed to it. Thereafter Murli fell her down and committed rape upon her. The other accused was standing there who did not do any act. She was shaking with pain and trying to rescue herself but all three did not leave her. Murli and Jhoni committed rape upon her one after the other. Thereafter she fell unconscious and regained consciousness at about 12.00 in the night when she found herself in Barajamda Hospital. The fardbeyan was given in Oriya language in full consciousness and translated by her daughter Sanju Gope P.W.1. On the basis of these assertions, she alleged that Murli, Jhoni and one another accused whose name she does not know but who she can identify on seeing, have on the previous evening at around 7.30 in the dark on the pretext of leaving her to her home, took her behind the Central Hospital, Barajamda in a field and Murli and Jhoni committed rate upon her one after the other and the third accused cooperated with them.