- (1.) The Appeal No. 528 of 2007 filed by Bablu Singh alias Surya Deo Singh and Cr. Appeal No. 486 of 2007 field by Babloo Singh alias Anand Kumar Singh, which arise out of the same Sessions Trial No. 206 of 2006, by which judgment both the appellants were found guilty under Sections 376(g)/34 of the Indian Penal Code and sentenced them to undergo R.I. for a period of 10 years and also to pay fine of Rs. 10,000/ - each and in default of the same to undergo further R. I. for a period of one year. *Against Judgment and Order of Ram Nath Prasad, Addl : Sessions Judge, Fast Track 2nd Court Daltonganj, Palamau D/-20-4-2007.
(2.) It is submitted by the learned counsel for the appellant that the prosecution has failed to prove the charges beyond reasonable doubt. There is no explanation for the delay of two days in lodging the first information report when the police station was near. He has further submitted that it will also appear that the informant stated that she went out of her house for easing at 10.30 p.m. in the night and the appellant caught hold of her when she made no 'Hulla' and even after commission of rape she came to her house and without making any complaint slept in the night, which shows the informant was a consenting party and as such the conviction of the appellant under Sections 376(2) (g)/ 34 of the Indian Penal Code is bad in law. Moreover, it is submitted that the second accused of Cr. Appeal No. 486 of 2007, Babloo Singh alias Anand Kumar Singh never participated either in commission of rape or in helping the main accused, Bablu Singh alias Surya Deo Singh and as such his conviction under Sections 376(2)(g)/34 of the Indian Penal Code is wholly unjustified, bad in law and fit to be set aside.
(3.) On the other hand, learned counsel for the State has opposed the prayer on behalf of the appellants and submitted that the prosecutrix is a minor girl aged about 14 years and when she had gone out of her house for easing at about 10.30 p.m. in the night the accused caught hold of her and dragged her to a nearby field, when she wanted to raise 'Hulla' he closed her mouth and thereafter he committed rape, hence the minor girl became perplexed. Thereafter she could make no complaint in the night, but in the morning she was weeping and told everything about the occurrence to her mother and as such it cannot be said that the informant was a consenting party, rather it is a case of rape on a minor girl. The second appellant, Babloo Singh alias Anand Kumar Singh has also supported the first accused, Bablu Singh alias Surya Deo Singh as it is alleged that he was making watch in the lane, so that during the occurrence of rape, nobody came as he will give warning and as such he helped the main accused, Bablu Singh alias Surya Deo Singh in committing the offence of rape and he is fully responsible for this act. Accordingly, the appeal is only fit to be dismissed.;