- (1.) This appeal at the instance of the appellants has been directed against the impugned judgment and order dated 10-8-1998 and 11-8-1998 respectively passed in Sessions Trial No. 49 of 1997 by Shri Hari Deo Prasad. 1st Additional Sessions Judge-Cum-Special Judge, Dumka whereby and whereunder all the appellants were found guilty for the offence punishable under Sections 376(2) (g), 324 and 342 of the Indian Penal Code and also under Section 3(1)(xii) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 and each of them was convicted and sentenced to undergo rigorous imprisonment for ten years, one year, one year and five years for the aforesaid offences respectively.
(2.) The prosecution case has arisen on the basis of the Fardbeyan (Ext. 2) of informant, PW-8 Parvati Hansda, an unmarried girl aged about 14 years, resident of Village-Sirsa, Police Station-Jama. District-Dumka, said to be the victim of gang rape, recorded by S. I Sujeet Roy of Town Police Station. Dumka on 28-3-1997 at 7.00 hours at Sadar Hospital. Dumka regarding the occurrence which is said to have taken place between 19.00 hours and 23.00 hours on 27-3-1997 at Shanti Nagar Police Station Town, District-Dumka and a case was instituted against the appellants by drawing of a formal first information report (Ext. 3) and the said Fardbeyan and the formal first information report were received on 29-3-1997 in the Court empowered to take cognizance.
(3.) The prosecution case, in brief, is that the informant had come to Dumka from her village home on 27-3-1997 to witness a movie and she did attend the show from 1400 hours to 1700 hours in Amar Chitra Mandir, Dumka and when the show was over she was proceeding towards Dumka bus stand and in the meantime three persons came to her and asked her as to where she is going and she stated to them that she has to go to Village-Sirsa and one of them asked her to accompany them for boarding the bus. It is alleged that they on the pretext of taking her towards the bus stand and enticing her brought her to a lonely place at Shanti Nagar, east of Dumka Market where they stuffed her mouth and brought her inside a place having a boundary wall and when she attempted to raise alarms they assaulted her by dagger as a result of which injuries were caused on the little, ring and middle fingers of her right hand and thereafter they forcibly felled her on the ground near a well and they all ravished her one by one from 19.00 hours to 23.00 hours and she came to know their names during conversation between them as appellants Dilip Kumar Jha. Ashok Rout and Ramkumar Verma who by profession sells chicken and fish in the Tin Bazar in the town of Dumka. The prosecution case further is that after 23.30 hours they brought her out of the said place with intention to take her some where else and finding an opportunity she managed her escape and took shelter in the Courtyard of a house and in the early morning when the inmates of the said house awoke she narrated the incident to them and it transpired to her that the said house is of PW-4 Uttam Mistri, situate in Mohalla-Baganpara and a large number of persons also came there and they were also informed about the occurrence and said Uttam Mistri along with others have brought her to the Sadar Hospital for her treatment. She has also stated that she is 14 years old.;