PRADEEP KUMAR, J. - (1.) HEARD the learned counsel for the appellants and learned counsel for the State.
(2.) THE instant appeal is directed against the judgment of conviction and sentence dated 16th May, 2002 passed by Sri Sita Ram Mahto, Special Judge -cum -1st Additional Sessions Judge, Deoghar in Special Case No 2 of 2001 by which judgment, learned Court, has found the appellants guilty for the offence under Section 376 of the Indian Penal Code and sentenced them to undergo R.I. for 10 years. Both the appellants were further acquitted from the charges for the offence under Section 3(i) and (xi) of the S.C./S.T. (Prevention of Atrocities) Act. It is submitted by learned counsel for the appellants that the learned trial Court has committed an error of law in convicting the appellants in absence of any corroborative evidence of any independent person and in absence of full corroboration of medical report and as such the judgment is fit to be set aside. He has also submitted that the evidences of the prosecutrix was not reliable in view of the fact that there was delay of 3 days in lodging the FIR which has not been properly explained by the prosecution. The conviction of the appellant is only on the basis of the statement of the victim girls which is doubtful, bad in law and fit to be set aside.
(3.) ON the other hand learned counsel for the State has opposed the prayer and submitted that the prosecution has fully explained the delay in lodging the FIR which has been accepted by the trial Court and in that view of the matter there is no doubt in the statement of the victim girls who have given a detailed version of the occurrence of rape which was committed by the appellants when they were crossing the arhar field. As such, the impugned order of sentence requires no interference by this Court.;