AJIT KUMAR SINHA,J. - (1.) THIS appeal has been preferred against the judgment dated 4.7.1992 passed by Sri R.D.Roy, Sessions Judge, Giridih in Sessions Trial Case No.309 of 1988 whereby and whereunder the appellants have been convicted under Section 376(g) of the Indian Penal Code and have been sentenced to undergo rigorous imprisonment for life.
(2.) THE case of the prosecution, in brief, is set out as under: - The prosecutrix Kunti Devi is a minor girl who was married with one Shiv Shankar Mahto, however, due to disappearance of Shiv Shankar Mahto she had no conjugal relation and was residing with her parents. In the month of January, 1987 accused -appellants Kartik Mahto along with Sahdeo Mahto approached her father Bholi Mahto and projected Sahdeo Mahto as a widower and suggested to marry his daughter with him. The father of the prosecutrix agreed to the proposal and on 21.1.1987 Chumawan ceremony was fixed. Accordingly both the accused -appellants appeared for the Chumawan ceremony and also told the father of the prosecutrix not to call the villagers for the ceremony and rather they will marry the girl at Shiva Mandir and will take her to his house. Then Bholi Mahto puprchased new Dhoti, shirt, utensils etc. and proceeded with the victim girl along with the articles in the company of the accused -appellants herein. After reaching the village one of the appellant Kartik Mahto asked Bholi Mahto to go back and said that he will carry the girl to Shiva Mandir and willget her married at the temple. Bholi Mahto being innocent rustic went back leaving his daughter and articles. The accused -appellants traveled from Kurumudiha to Kobar. Thereafter the first appellant Kartik Mahto asked the second appellant Sahdeo Mahto to go to his village and forced the prosecutrix to ride in a bus and disclosed that Sahdeo Mahto was his Sala and will come after 2 -3 days at Bagahara and will take her back. According to the prosecution, the prosecutrix was taken away under coercion and threat and was detained there till Falgun Shivratri. The first appellant committed rape for one and half months on her regularly and did not allow her to escape and also kept her in confinement and thereafter he took her to his village Ganiadih, to the house of the second accused -appellant Sahdeo Mahto where both Kartik and Sahdeo forcibly committed rape on her and on the 9th day accused -appellant No.1 Kartik Mahto again brought her back to his house at Bagahara and forcibly detained her and continued to ravish her although both the accused -appellants were married and their wives were alive. A few days after Holi the father of the prosecutrix Bholi Mahto visited his married sisters house to a adjacent village where he learnt that Kartik Mahto, appellant No.1 herein did not perform Chumawan ceremony of her daughter with accused appellant No.2 Sahdeo Mahto, as promised and has deceitfully carried the prosecutrix to his house and has forcibly confined her. Accordingly, Bholi Mahto rushed to thehouse of appellant No.1 Kartik Mahto and found his daughter under confinement and in some difficulty. He managed to release her and brought her to his house where she narrated the horrible picture of confinement and rape committed on her against her wishes and the prosecutrix thereafter filed a complaint before the C.J.M., Giridih who transmitted the same to Bengabad P.S. under Section 156(3) Cr.P.C. and accordingly Bengabad P.S. drew up a formal F.I.R. on the basis of complaint and registered the case.
(3.) DURING the course of investigation the police examined the witnesses, visited the place of occurrence and collected the materials and finally chargesheeted the accused appellants under Section 376(g) I.P.C. Accordingly, the C.J.M., Giridih was pleased to take cognizance of the offence and vide its order dated 16.7.1988 and subsequently vide its order dated 12.9.1988 committed the case to the Court of Sessions directing the accused -appellants to stand trial. The charge was framed under Section 376(g) I.P.C. and read over and explained to the accused -appellants to which they pleaded not guilty and claimed to be tried.;