VISHNUDEO NARAYAN, J. - (1.) THIS appeal has been directed by the appe -llants named above against the impugned judgment and orders dated
(2.) 4.1997 and 5.4.1997 respectively passed in Sessions Trial No. 176 of 1990/T.R. No. 1991 by Shri Alok Kumar Sinha, 6th Additional Judicial Commissioner, Ranchi whereby and whereunder both the appellants were found guilty for the offence punishable under Sections 376/511 of the Indian Penal Code and they were convicted and sentenced to undergo R.I. for five years. However, they have not been found guilty for the offence under Section 376(2)(g) of the Indian Penal Code for which they had been charged. 2. The prosecution case has arisen on the basis of the FIR (Ext. ) of PW 1, Bela Kumari Gari the informant and said to be the alleged victim of ravish -ment recorded by SI, Indradeo Prasad Singh of Kanke P.S., District Ranchi on 12.7.1987 at 18.00 hours regarding the occurrence which is said to have taken place on the same day at 16.30 hours in the official residence of former Superintendent of Mansik Arogyashala, Kanke situated within the premises of that very hospital. 3. According to the prosecution case, PW 1, Bela Kumari Gari, the informant, aged about 14 years and a student of Class X was going towards the University gate for purchase of necessary household items at 15.30 hours on that day and when she had crossed the University gate, both the appellants called her and the informant went to them and she proceeded in their company to the said official residence of the former Superintendent where both the appe -llants caught her hand and dragged her inside the room in the said official residence and they bolted the door from inside and felled her on the cot in the said room and they ripped her Salwar and underwear and she started weeping and crying and she has also bit the hand of appellant Kishun Kahar but all in vain and, thereafter, appellant Kishun Ram ravished her till his lust was satisfied and, thereafter, appellant Sadhu Mahto also attempted to ravish her but she kicked him and did not allow him to ravish her and, thereafter, both the appellants fled away from there opening the door. It is alleged that, thereafter, the informant put on her clothes and came out from the said room and being ashamed of the incident jumped in the well but she was rescued by the people of the locality and her friend Raj Kumari took her to her house where she had changed her clothes. The informant has also stated to have handed over her clothes to the police at the time of recording the FIR in presence of her mother PW 2 Anurupa Devi who had accompanied her with PW 8, Sandhya Gari to the police station.
(3.) THE learned Court below has framed charge under Section 376(2)(g) of the Indian Penal Code against both the appellants and the appellants have pleaded not guilty to the charge levelled against them and they claim themselves to be innocent and to have committed no offence and they have been falsely implicated in this case.;