B B Mangalmurti, J. - (1.) Heard learned counsel for the appellant and learned counsel for the State.
(2.) This appeal is directed against the judgment of conviction dated 7th June, 2003 and order of sentence dated 16th June, 2003 passed by Shri Sanjay Kumar Chandhariyavi, Additional Sessions Judge, F.T.C.II, Hazaribag in Sessions Trial No.346 of 1994 holding the appellant guilty under Section 376 (1) of the Indian Penal Code and awarded seven years rigorous imprisonment with fine of Rs.500/- and in case of default in payment of fine awarded further two months imprisonment.
(3.) The prosecution case, in short, is that on 29.04.1994 when informant Meena Devi was grazing her goat at nearby place of Hurunga Tar (Pahar) at about 4.00 p.m., accused Ishwar Mahto and Tukan Dhobi came and tried to caught hold informant Meena Devi. Informant Meena Devi tried to run away from that place in order to save herself, however, near Hurunga Pahar accused Ishwar Mahto caught Meena Devi in presence of Tukan Dhobi. Accused Ishwar Mahto put down Meena Devi on the ground and committed rape upon her. Accused Tukan Dhobi remain present there with knife, and was also threatening to keep silence. After committing rape both accused persons ran away from that place. Informant Meena Devi reported this matter to her mother-in-law Somari Devi. Somari Devi went to the house of Ishwar Mahto and complained about the occurrence to father of Ishwar Mahto. Lachhu Mahto, Ishwar Mahto and Deoki Mahto assaulted Meena Devi, her mother-in-law and her husband by lathi and slapped due to which her mother-in-law sustained injury on her head.;