- (1.) THIS appeal is directed against the judgment of conviction dated 6.6.2002 and order of sentence dated 7.6.2002 passed by Shri Prabhu Tiwari, Special Judge, ( C.B.I.) -cum -Addl. Judicial Commissioner, Ranchi, by which judgment he found the appellants guilty under Section 376(2)(g) of the Indian Penal Code and sentenced them to undergo R.I. for 10 years.
(2.) IT is submitted by the learned counsel for the appellants that it will appear from the evidence of the witnesses that there was a business transaction between the accused, Chamar Singh @ Raju Mahli and the informant and hence when the informant could not pay the dues the appellants they have falsely implicated in this case. He has further submitted that it will appear from the evidence of the doctor, who examined the victim girl on 20.5.2000 i.e. only after one day that there is no injury in her private part and her hymen was intacked and there was no sign of rape, in that view of the matter, the conviction of the appellants under Section 376(2)(g) of the Indian Penal Code is bad in law and fit to be set aside. On the other hand, learned counsel for the State has opposed the prayer and submitted that although the medical evidence does not support the prosecution case, but all the witnesses have stated that these two appellants finding the victim girl -P.W.4 alone in her 2house committed rape upon her and as such they have rightly been convicted.
(3.) AFTER hearing both the parties and going through the record, I find that the prosecution case was started on the basis of a written report given by Sheonath Choudhary (P.W.1) on 19.5.2000 stating therein that he was residing in the house of Chamar Singh in Tiril Village under Sadar Police Station, Ranchi and Yesterday i.e. on 18.5.2000 in the morning at about 9 a.m. he along with his wife (P.W.2) left the house for attending the work leaving her daughter, Khusboo Kumari aged about 7 years was left alone in the house. He also stated that Yesterday I.e. on 18.5.2000 at about 1.30 -2' clock in day the appellants, Chamar Singh @ Raju Mahli and Paul Alexandeer entered into his house and said to his daughter, Khusboo Kumari that they will give her chocolate and biscuits and saying so committed rape upon her. In the evening he returned along with his wife then their daughter, Khusboo Kumari stated that Chamar Singh @ Raju Mahli and Paul Alexandeer had committed some wrong with her. Then he called his landlord, Champa Uraon and told her about the occurrence, who asked him not to disclose the matter since the matter relates to the prestige of a girl. Then, he called the accused persons, but they were not ready to compromise the matter, Then, at the instance of his neighbours, namely, Anup Kumar, Ganesh Mahto and Champa Uraon went to the police station and gave written information.;