VISHNUDEO NARAYAN, J. - (1.) THIS appeal at the instance of the appellants above named has been preferred against the impugned judgment and order dated 25.7.1995 passed in Sessions Trial Nos. 50 of 1992/ 29 of 1995 by Shri D.D. Guru, Assistant Sessions Judge, Ghatshila, East Singhbhum where and whereunder appellant Shyama Pada Soren was found guilty for the offence punishable under Section 376 of the Indian Penal Code and he was convicted and sentenced to undergo rigorous imprisonment for ten years and to pay a fine of Rs. 2,000/ - and in default thereof to undergo rigorous imprisonment for six months and appellant Ram Chandra Hansda was found guilty for the offence punishable under Section 376/34 of the Indian Penal Code and he was convicted and sentenced to undergo rigorous imprisonment for seven years and to pay a fine of Rs. 1,500/ - and in default thereof to undergo rigorous imprisonment for four months.
(2.) THE prosecution case has arisen on the basis of the first information report (Ext. 1) of PW 2 Malti Hembram, a young unmarried woman aged about 22 to 25 years old, the informant and the alleged victim of ravishment of this case lodged before Chakulia Police Station on 11.8.1991 at 20.15 hours regarding the occurrence which is said to have taken place at 1.00 hour on 9.8.1991 (i.e. in the night between 8th and 9th of August, 1991) in her rented room at village Chakulia, District East Singhbhum. The prosecution case, in brief, is that the informant is employed as Nurse in the Primary Health Centre, Bhagmara and she was residing in a room on rent in the house of Shipal Soren at village Dighi, PS Chakulia, District East Singhbhum in which his uncle PW 1 Naren Manjhi was also residing with his family. It is alleged that in the night of the occurrence she was sleeping in her room and his uncle Naren Manjhi along with her family members were sleeping in front of the said room and door of her room was open in the night due to scorching summer. It is also alleged that two persons entered into her room and one of them sat by the side of her head and intimidated her to be done to death by dagger if she raise alarms and the other sat by the side of her leg and he caught her legs and lifted them. It is alleged that the informant was protesting and resisting and he asked her to keep mum failing which she will be assaulted by dagger, and he forcibly ravished her. It is further alleged that his uncle Naren Manjhi awoke and he flashed a torch and she identified Shyama Pada Soren as her ravisher and her uncle caught him and she also raised alarms. The prosecution case further is that appellant Ram Chandra Hansda pursued her uncle and intimidating him at the point of dagger and got appellant Shyama Pada Soren released and they fled away from there. It is further alleged that she did not earlier lodge the first information report regarding the occurrence due to shame. It is alleged that she has filed this case on the persuasion of her family members so that the incident may not recur. It is also stated that her uncle and her aunt are the witnesses of her ravishment.
(3.) THE appellant have pleaded not guilty to the charge levelled against them and they claim themselves to be innocent and to have committed no offence and that they have been falsely Implicated in this case at the instance of Shipal Soren @ Shipal Master and Gora Murmu in this got up case.;