D.N.UPADHYAY, J. - (1.) THIS criminal appeal is directed against the judgment of conviction and order of sentence dated 10.05.2007 and 15.05.2007 respectively, passed by Sri Ram Narayan Singh, Additional Judicial Commissioner, F.T.C., Khunti in Sessions Trial No. 92 of 2005 whereby and whereunder the sole Appellant Pradip Hazam @ Pradip Pramanik has been held guilty for the offences punishable Under Section 363, 376 (G) & 342 of the Indian Penal Code and accordingly sentenced to undergo R.I. for 10 years Under Section 376 (G) I.P.C. and to pay a fine of Rs. 2000/ - and in default S.I. for three months, R.I. For three years Under Section 363 and R.I. for six months Under Section 342 I.P.C. and the sentences so passed were directed to run concurrently.
(2.) THE prosecution case, as it appears from the written report, is that on 28.06.2004 at about 2.00 a.m. the informant went out of the house to answer call of nature but she was apprehended by Shankar Singh Munda at the time of her return. Her mouth was gagged with a cloth as a result she could not raise alarm. In the meantime, accused Pradip Hazam and Surju Mohan Swanshi also appeared at the place and they all forcibly took the informant to the house of Shankar Singh Munda where she was subjected to rape by Shankar Singh Munda. Thereafter Appellant Pradip Hazam @ Pradip Pramanik entered into the room and he also committed rape on her. The informant was kept confined in the house with a threat not to raise alarm. On the following night, i.e. on Tuesday accused Surju Swanshi again committed rape on her. On Wednesday evening somehow she managed to escape from the place and disclosed the incident to her parents and family members. The matter was brought to the notice of villager Kamalkant Singh Munda and thus on 01.07.2004 a panchayati was held in which it was decided to lodge a case against the accused persons. Accordingly a written report was lodged on the basis of which Bundu, Sonahatu P.S. Case No. 28 of 2004, Under Section 342 & 376/34 I.P.C. was registered against accused Shankar Singh Munda, Pradip Hazam @ Pradip Pramanik and Surju Swanshi. The Investigating Officer, at the conclusion of trial, submitted chargesheet against Appellant Pradip Hazam @ Pradip Pramanik Under Section 363 and 376 (G)/34 I.P.C. and kept the investigation continued against other accused who were absconding.
(3.) ON 29.03.2005 charges were framed against Appellant Pradip Hazam @ Pradip Pramanik Under Section 376(G), 363 & 342 I.P.C. to which he pleaded not guilty and claimed to be tried.;