Pradeep Kumar, J. - (1.) HEARD learned Counsel for the appellants and learned Counsel for the State.
(2.) THIS appeal is directed against the judgment of conviction and order of sentence dated 07.03.2000 passed by Shri Rajesh Kumar Dubey, learned VIIIth Additional Judicial Commissioner, Ranchi in Sessions Trial Case No. 392 of 1990, by which judgment, he found the sole appellant No. 1, Dil Mohammao guilty for the offence under Section 376 of the Indian Penal Code and sentence him to undergo rigorous imprisonment for seven years. He found the appellant No. 2, Munna Khatoon guilty for the offence under Section 109/376 of the Indian Penal Code and sentenced her to be released on furnishing bond of Rs. 5000/ - with two sureties of the like amount to maintain peace and be of good behaviour for a period of two years. It is submitted by learned Counsel for the appellants that it will appear from the evidences of the prosecutrix as also the evidences Of other witnesses that the prosecutrix was a consenting party and the conviction of the appellants are bad in law and only fit to be set aside.
(3.) ON the other hand, learned Counsel for the State has opposed the prayer and submitted that the prosecution has proved beyond the reasonable doubts that the appellant NO. 1, Dit Mohammad in collusion with the appellant No. 2, Munna Khatoon committed rape upon the victim girl, Majidan Khatoon, and as such, appellant No. 1 has rightly been convicted.;