HARI SHANKAR PRASAD, J. - (1.) THIS appeal is directed against the judgment of conviction dated 30.6.1999 and Order of sentence dated 3.7.1999 passed in Session Case No. 7/99/6/99 whereby and where under the learned 1st Additional Sessions Judge, Godda held the appellants guilty under Section 376 (2) (g) of the Indian Penal Code (IPC) and convicted and sentenced them to undergo RI for ten years each.
(2.) PROSECUTION case in brief is that Ranjita Murmu, the informant, gave a fardbeyan on 11.9.1998 at 15.45 hrs before S.I. A.N. Singh, Officer -in -Charge of Lal -matia police station to the effect that on 8.9.1998 (Tuesday) she had gone to village Ghonchak to witness fair along with girls of her village and after watching fair, she was returning with the girls, namely, Chhanji Soren, Talamai Hembram, Didi Soren and Paku Soren. At about 6.30 p.m. as soon as she reached with them near village Hatbandha Pokhar, then Babahab Soren, Marang Soren. Talakora Soren and Ramesh Soren who were sitting there caught her and lifted her and threatened the other girls not to disclose the matter in the village to anyone; otherwise they will be done away with. She raised alarm, then a handkerchief was thrust in her mouth and thereafter Baburam Hansda Setlal Hansda, Ganga Soren, Chunda Soren, Mannu Soren, Juru Soren, Dimbu Soren, Gulthu Soren, Chhanji Soren, Betu Tudu, Ram Tudu and Klrani Marandi arrived there. First of all, Babahab threw her on the ground and committed rape on her forcibly while two persons caught her hands. Thereafter everyone one by one committed rape on her and she fell unconscious, then all considering her to be dead left her and fled away. Next day, her mother came there after searching her here and there and reached there and took her home in senseless condition where she was unable to speak anything. When she regained sense, then she narrated about the occurrence to her mother and sister She never used to talk to any boy of her village whereupon Babahab Soren, Talakaura Soren, Marang Soren and Ramesh Soren used to threaten her from before that one day they will teach her lesson. One of them even gave a letter to her which she had torn. On this piece of fardbeyan, a case under Sections 366A and 376 (g) IPC was registered and IO after investigation submitted charge sheet. Cognizance in the case was taken and the case was committed to the Court of Sessions and the learned 1st Additional Sessions Judge, Godda recorded the evidence of witnesses '' both oral and documentary ''and came to a finding and held the appellants guilty and convicted and sentenced them as aforesaid. Prosecution has examined thirteen witnesses in this case. PW 1 is Paku Soren, PW 2 is Sanodi Soren, PW 3 is Sore Ram Hansda, PW 4 is Babuji Hansda, PW 5 is Bitimai Soren. PWs 1,2,3, 4 and 5 have been declared hostile PW 6 is Dr. Bindevi Jha. PW 7 is Ranjita Murmu, she is informant of the case. PW 8 is Tala Tudu, PW 9 is Sanji Soren @ Chhanji, PW 10 is Talamai Murmu, PW 11 is Talamai hansda, PW 12 is Baba Kumar Soren, he is I.O. of the case and PW 13 is Shambhunath Tiwari, who is another I.O.
(3.) PW 6 is the doctor who has examined the victim girl (PW 7). She has stated that on 12.9.1998 she was deputed at Godda Sadar Hospital and a board was constituted consisting of Dr. Prabha Rani Prasad, Dr. Lilly Singh and herself and Ranjita Murmu (PW 7) was examined on 12.9.1998 at 9.00 a.m. and following things were found. 1. Her height was 4 ' x 9", weight 38 K.G. teeth upper jaw 8 -7 and lower jaw 8 -16 permanent. Axillary hair absent. Breast firm spherical with pointed nipple. 2. External injuries. ''Several irregular longitudinal scratches with dark brown crust formation on the back centrally placed in bulk and spreaded over an area 4" transversely and 3" longitudinally. A diagram is shown Nature ''simple. Age of injuries ''within 4 to 5 days. 3. The victim complained of pain in lower abdomen and her private part for that she was admitted in hospital vide indoor Registration No. 1331 dated 11.9.98 at 8,45 p.m and treatment was given. 4. Internal examination : Wearing a valval pad of markin clothes with fresh blood stain on it. pubic hair very scanty black hairs. 5. Internal Injuries : (i) 1 /8" tear in posterior commissar near couchette. (ii) Two hilled tears at 10 ' O clock and 3 O ' clock position on hymen. Blood oozing through vaginal onfica. 6. Vaginal onfica admit 2 fingers veteran and verted hypo plastic survice small usually porous. 7. Specular Examination : Blood coming through mansherubia M.H. last month period 12.9.98 according to statement. 8. Microscopic examination. Spermatozoa not fond R.B.C. 3+++, epithelial cell++ M/.1 - One black mole two inches lateral from left corner of mouth 9. Possibility of sexual intercourse can not be ruled out because hymen was found torn. ;