- (1.) THE appellants have preferred this appeal against the judgment of conviction under section 376 (2)(g) of the Indian Penal Code and order of sentence whereby and whereunder both of them were sentenced life imprisonment by the order of the 1st Additional Sessions Judge, Singhbhum (West) at Chaibasa in S.T. No. 295 of 1997 arising out of Majhgaon (Kumardungi) P.S. Case No. 14 of 1997.
(2.) THE prosecution story, as it stands narrated in the Fardbeyan (Ext. 3) of the informant Maki Sirka (P.W. 4), was that on 11.5.1997 while she was returning to her village home Tangar in the evening on foot from village market, Andhari, she came across co -villagers Lai Chand Gope and Budh Ram Gope (appellants) on the way who were on their bicycles. On lift offered by Lal Chand Gope she sat on the carrier of his bicycle. It was further narrated that her other co -villagers Somen Gope son of Lalmohan Gope and Disu Sirka son of Renso Sirka were sitting on the bicycle of Budh Ram Gope and in this manner all the five accused proceeded towards river side. The prosecutrix further narrated that at the river side the appellants directed Somen Gope and Disu Sirka to proceed to their village taking their bicycles and accordingly both proceeded on the bicycles of the appellants and thereafter the appellants and the prosecutrix proceeded on foot. She further narrated that when they arrived near village Tanger at about 7 p.m. the appellants suddenly caught hold, gagged her mouth and forcibly removed her near a big stone boulder where she was gang raped by Lal Chand Gope and Budh Ram Gope one after another. Yet, on hearing the voice and recognizing that it belonged to the uncle of the prosecutrix, the appellants escaped from the scene of occurrence. She returned back to her home and narrated the occurrence to her mother (P.W. 5) and uncle (P.W. 3). The matter was brought to the notice of village Munda (P.W. 1) who made enquiry into the allegation and thereafter the prosecutrix came Kumardungi police station on 15.5.1997 alongwith the said village Munda, her father Bajay Sirka (P.W. 2) and mother Biren Kui (P.W 5) where her statement was recorded at 9 a.m. Her statement was forwarded to Majhgaon police station where case was lodged for the offence under sections 376/ 34 of the Indian Penal Code as also under section 3(xii) of S.T and S.C. (Prevention of Atrocities) Act, 1989 but the charge -sheet was submitted only under sections 376/34 of the Indian Penal Code after investigation. Charge against the appellant Lal Chand Gope and Budh Ram Gope was framed by the trial court under section 376(2)(g) of the Indian Penal Code which was read over and explained to them in Hindi but they pleaded not guilty and claimed to be tried. Yet, when the appellant Lat Chand Gope was confronted with the incriminating materials collected in course of trial his defence was that father of the prosecutrix namely Bajay Sirka had borrowed 30 Kandi Paddy grains from him. Since he could not return back the paddy which was lent to him, the appellant Lal Chand Gope retained his bicycle and for such reason he was falsely implicated in the instant case. On the other hand, the appellant Budh Ram Gope did not place his defence on record in the statement recorded under section 313 of Cr.P.C. except denial of his guilt.
(3.) ALTOGETHER seven witnesses were produced and examined on behalf of the prosecution. Besides, the prosecution proved signature of the village Munda (P.W. 1) Yogesh Chandra Pingua on the Fardbeyan of the prosecutrix (Ext. 1), Medical Examination Report (Ext. 2), Fardbeyan of the Prosecutrix (Ext. 3), Formal FIR (Ext. 4) and seizure list of piece of broken bangles from the place of occurrence (Ext. 5).;