KHELWA MAHTO Vs. STATE OF BIHAR

JUDGEMENT

(1.) By Court: Heard Learned Counsel for the appellants Mr. Sumir Prasad and Mr. A.N. Deo in the respective Criminal Appeals and Mr. Ravi Prakash, Additional Public Prosecutor representing the State.

(2.) It is a case in which all the four F.I.R. named accused persons (appellants herein) have been convicted for the charge of rape under Section 376 of the I.P.C.; further house trespass in order to commit offence punishable with imprisonment for life under Section 450 of the I.P.C. and also under Section 3(2)(v) of the Scheduled Caste/Scheduled Tribe (Prevention of Atrocities) Act, 1989 by the judgment of conviction dated 20th December 1996 rendered in Sessions Trial No.148/1996 arising out of Katkamsandi P.S. Case No.77/1995, corresponding to G.R. No.1365/1995, T.R. No.739/1996 by the learned Special Judge, Scheduled Caste/Scheduled Tribe (Prevention of Atrocities) Act, Hazaribagh. All these appellants have been sentenced to undergo rigorous imprisonment for life against their convictions under each of these Sections. Sentences were directed to run concurrently.

(3.) The prosecution case is based upon the Fardbeyan of the prosecutrix (P.W.5) recorded at 14 hours on 17th August 1995 at Pelawal Outpost by Sub-Inspector Arun Kumar Singh, Incharge, Pelawal O.P. The gist of the allegation is as under :-