Pradeep Kumar, J. - (1.) - On repeated calls nobody appears on behalf of the appellants. On the request of Court, Sri I.N. Gupta, Advocate agreed to assist the court on behalf of the Appellant. Heard learned counsel for the Appellant and State.
(2.) This appeal is directed against the judgment of conviction and order of sentence dated 4th August, 2001 passed by Sri Sita Ram Mahato, 2nd Additional Sessions Judge, Seraikella, in Sessions Trial No.116 of 2000, by which judgment, he convicted both the appellants under Section 376 of the Indian penal Code and sentenced them to undergo rigorous imprisonment for seven years separately.
(3.) The prosecution case was started on the basis of Fardbeyan given by Sunita Karmkar on 18.11.1999 at about 21:30 hours to S.I. R.R. Singh at R.I.T. Campus, stating therein that she works as a labourer in TISCO factory and everyday at 6. A.M. in morning she leaves her house for TISCO factory and after completing her duty in the evening at about 6 P.M. she returns to her house and her husband runs a mess in R.I.T. Hostel. On that day she left her house at 6 A.M. for the duty and after completing her duty in the evening she came by bus to Adityapur Share-Punjab Hotel Chowk and after purchasing vegetable between 6 to 7 P.M. when she was going back to her house, then two boys of her neighbouring tola namely Prakash Roy and Dablu Mahto came near her and started teasing her. When she asked them not to misbehave with her, then they started giving threat to her and when she reached near Share-Punjab Chowk, then both the boys caught hold of her and take her at a Tempo and asked the Tempo driver to proceed towards R.I.T. campus, when she started 2 Criminal Appeal No.427 of 2001(R) making hulla from the tempo whereupon Prakash Roy and Dablu Mahto closed her mouth and said that if she makes hulla then they will strangle her to death. When she did not stop making hulla then they closed her mouth and brought her to RTI campus. The tempo driver left the place immediately after leaving them, then both accused took her to the Patas Jungle. She started weeping, then Parkash Rao and Dabloo Mahto committed rape upon her and after committing rape, they threatened her that if she discloses the occurrence to anybody, then they will kill her, thereafter living her in a lonely Jungle, they ran away. From there she came to the police station and gave her statement. On the basis of the said fard beyan, the police registered a case under Sections 376/34 of the Indian Penal Code and after investigation submitted charge-sheet against the both accused persons. Since the case was exclusively triable by the Court of Session, learned Magistrate, after going through the case, committed charge under the aforesaid sections.;