- (1.) The appeal is directed against the judgment and order of acquittal dated 20.6.1996 passed by Shri Bishwanath Prasad Singh, 1st Additional Sessions Judge, Palamau in Sessions Trial No. 112 of 1986 by which judgment the learned Sessions Judge found that the charges leveled against the accused persons had not been proved and acquitted the five accused persons.
(2.) The prosecution case was started on the basis of a fardbeyan given by Udainarain Giri (P.W.1), brother of the victim girl on 8.4.86 at 17:45 hr. stating therein that the occurrence took place in between 27.3.86 to 8.4.86. He stated that on 27.3.86 in the night at about 11 pm he got up hearing Hullah of his sister then he took a torch and went there he saw that accused, Bishwanath Prasad has made his sister naked and he was himself lying over the body of his sister and she was crying for help. Seeing this he also started making Hullah then the accused, Bishwanath Prasad gave threat to commit his murder and ran away. He said that if he will disclose the occurrence he will be shot dead. Out of fear he and his sister gave no information to anybody about the occurrence. Then again on 29.3.86 when his sister-deceased Kaili Devi had gone to take water from the hand-pump, then accused, Suresh Prasad son of Gopi Sah and accused, Pradeep Prasad, son of Mundrika Sao caught hold of his sister and threw her down on the ground, when everybody started making Hullah then they ran away giving threats. Out of fear his sister told about the occurrence to her aunt, but she also asked her to keep mum. Again on 4.4.06 when he and his sister at about 9 a.m. had gone for picking Mahua then suddenly accused persons, Bishwanath Prasad, Dinanath Prasad @ Kandru, Pradeep Prasad, Suresh Prasad and Kamlesh Prasad all of village Zalim, came under Mahua tree and caught hold of his sister and took her by the side of Mahua tree then after making her naked accused, Dinanath Prasad @ Kandru committed rape upon her. Thereafter Kamlesh Prasad also committed rape upon her. Thereafter his sister became unconscious then they ran away giving threat that if he disclosed the occurrence he will be killed by putting kerosene oil. When his sister became conscious they came to their house and told about the occurrence to their uncle, Nanhaku Giri and aunt, who lived by the side of his house. Then his uncle made complain to Machhinder Sao and Machhinder Sao on 4.4.1986 inquired about the occurrence from Kamlesh Prasad, then he denied the occurrence. Then on 5.4.86 at 2.30 pm. all the five accused persons assaulted his uncle, Nanhaku Giri as to why he told the occurrence to Machhinder Sao. Then again on 8.4.86 at about 12 am. when he came from his school to his house he saw, Bishwanath Prasad, Dinanath Prasad, Pradeep Prasad, Kamlesh Prasad and Suresh Prasad in his house and they were giving some white material in a glass to his sister by force. After she was forced to drink that white material then they left. After they left his sister became restless and started shouting for help. Then he along with his uncle, Nanhaku Giri cousin brother Nand kumar Giri, who came on information and took Kaili Devi to hospital, where she was declared dead. His brother-in-law has not come to house since last 7 months. He claimed that the five accused person committed rape upon his sister and committed her murder.
(3.) On the basis of the said F.I.R. police registered a case under Section 376, 328, 302/34 of the Indian Penal Code and after investigation police submitted charge-sheet and the case was exclusively triable by court of sessions and the case was committed to the court of sessions and trial was held as aforesaid.;