- (1.) ALL these appeals, arise out of same judgment of conviction and sentence were heard together and are being disposed of by this common judgment.
(2.) ALL the appeals are directed against the judgment of conviction and order of sentence dated 13.9.2000 passed by the First Additional Sessions Judge, Chaibasa in Sessions Trial No. 329/98, whereby and whereunder the learned Sessions Judge held the appellants guilty under Sections 341, 376(2)(g) IPC and 3(2)(V) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989 and sentenced them separately to serve RI for life on both counts. No separate sentence has been passed under Section 341 IPC. The appellants are further sentenced to make payment of Rs. 2000/ - each and in default of payment to undergo RI for one year. However, sentences were directed to run concurrently. Factual matrix leading to these appeals is as follows: In the evening of 11th July, 1998 the informant Anita Hessa along with another victim Maki Haiburu had gone to purchase pulse from the shop of one Singh Jee situated in Banta Nagar near RIT campus at about 5.30 PM. It is further stated that when they reached near the Maidan situated beyond DAV High School, they went to ease themselves. At that time, appellant Krishna Mahto, Anil Kumhar @ Dablu Kumhar, Uday Tiwary, Lal Kalindi along with one Fulo Lohar, on the pretext of some urgent talk, took them towards the far end of the Maidan. As further alleged, thereafter both the girls were forced to lye down on the ground and raped one by one by the appellants. According to PW 3, they were raped repeatedly by the appellants confining themselves and threatening that they would be killed, if any alarm was raised. Later on all the appellants fled away leaving them in semi unconscious condition. The informant and victim, PWs 1 and 3 reached their, house at about 8.30 PM and informed their family members. The appellants were being searched for being taken to task but when they could not be caught, the police was informed.
(3.) FARD beyan of PW 3 was recorded by SI D. Manjhi at RIT on 12thJuly, 98 at about 10.30 PM, on the basis of which Adityapur (RIT) P.S. Case No. 116/98 dated 12.7.98 was registered under Sections 376/341/34 IPC. The investigation was immediately taken up by S.I., D. Manjhi, P.O. was visited, incriminating articles were recovered from the PO and appellant Krishna Mahto was arrested in the morning of 12/13thJuly, 98. The police finally submitted chargesheet against six persons including one Fulo Lohar, whose case was later on separated for separate trial, as he was found to be juvenile. All the appellants were charged by the trial court under Sections 376(2)(g), 341 IPC and 3(2)(V) of SC ST Act. The appellants pleaded not guilty and claimed false prosecution. However, the learned trial court, after examining witnesses, found and held all the appellants guilty under Sections 376(2)(g.) IPC and 3(2)(V) of SC ST Act and sentenced them as aforesaid.;