- (1.) THESE appeals arise out of the judgment of conviction dated 30.6.1999 passed by the VIII Additional Judicial Commissioner, Ranchi, whereby he has held Suresh Choudhary, Govind Mahto @ Guddu, Nandu Mahto and Manoj Kumar Verma guilty of committing offences punishable under sections 376(2)(g), 458 and 323 of the Indian Penal Code. Appellant -Suresh Choudhary has been sentenced to undergo life imprisonment, Appellant -Govind Mahto @ Guddu has been sentenced to undergo rigorous imprisonment for ten years, Appellant -Nandu Mahto has been also sentenced to undergo rigorous imprisonment for ten years. The co -accused Manoj Kumar Verma has been awarded sentence for imprisonment of life, but he is not the appellant in this appeal.
(2.) THE prosecution was launched on the basis of the fardbeyan of the victim (name is being purposely concealed) (P.W.1) recorded by the Sub -Inspector of Jagarnathpur Police Station near Kali Mandir adjacent to Hatia Railway colony, in a hut. It has been alleged that in the night of 26th December,1995, Manoj Kumar Verma, Nandu Mahto, Binod Singh @ Bangali, Suresh Choudhary and Govind Mahto @ Guddu came and knocked at the door. The informants husband did not open the door. The accused persons in a bid to break open the door began to put heavy pressure on the door. The informants husband then opened the door. It is alleged that all the accused persons entered into the house and forcibly took the prosecutrix to a lonely house near Hatia Railway Station and committed rape on her one after the other at the point of knife. It has been further alleged that Suresh Choudhary assaulted the informant by a bottle on her head. When she tried to raise alarm, all the accused persons threatened her with dire conseuence. Manoj Kumar Verma first committed rape on her and thereafter Nandu Mahto, Suresh Choudhdary and Binod Singh @ Bangali ravished and raped her. The informant became unconscious. When she regained her sense, she returned home and narrated the incident to her husband. The informants husband went to the Railway Colony T.O.P. to call the police. The Police Officer thereafter came and took her statement. The police started investigation. The prosecutrix was medically examined, the next day i.e. on 27th December,1995 at 5.30 P.M. The Police on completing investigation, submitted charge sheet under sections 448, 341, 323, 363, 376(g) and 379/34 I.P.C. against the accused persons. Cognizance of the said offences was taken and the case was committed to the court of sessions for trial.
(3.) CHARGES were framed under section 376, 341/34, 450/34 and 324/34 I.P.C. to which the accused -appellant denied and claimed to be tried.;