JAYA ROY, J. - (1.) ALL these three appeals have been filed against the same judgment dated 11.9.2006 and order dated 11.9.2006 passed by Shri A.K. Choudhary, 1st Additional Judicial Commissioner, Ranchi in S.T. No. 192 of 2005 by the aforesaid three appellants. The said three appellants are convicted under Section 376(2)(g) of the I.P.C. and are sentenced to under go R.I. for ten years and fine of rupees 25000 -/ and default of the payment of fine to under go S.I. for six months and acquitted from the charge under Section 3(1)(xii) of SC/ST (Prwvention of Atrocities) Act. As the aforesaid three appeals arise out of a same judgment and order to they have been heard together and are being disposed of by this common judgment.
(2.) THE prosecution case in brief is that in the intervening night of 13/14th October. 2004 at about 10 P.M. the accused Ashok Sao, Tunua Sao and Tidu @ Fagu came to the victim's house -situated in village Bargai and forcibly took away the prosecutrix,a minor girl of aged 13 years belong to the scheduled tribe to the nearby orchard and in turns committed rape on the prosecutrix. At this, the prosecutrix raised hue and cry at which the parents and other persons of their village came to spot and seeing them, the accused persons fled away from the orchard. Police recorded the fardbeyan of the prosecutrix on the next day at about 15 hours and took up investigation of the case. After completion of investigation police has submitted charge sheet against the three accused persons for having committed the offence punishable tinder Section 376 I.P.C. and Section 3(1)(xii) of SC and ST Prevention of Atrocities Act. 1989. The defence of the accused is total denial of the occurrence and false implication.
(3.) IN order to prove its case the prosecution has examined nine witnesses while two witnesses have also been examined on behalf of the defence. Amongst them P.W.1 is father of the victim, P.W.2 is mother of the victim, P.W.3 prosecutrix (victim girl), P.Ws.4, 5 and 6 were declared hostile. P.W.7 is Doctor who examined the victim girl on 14.10.2004, P.W.8 is the I.O. and P.W.9 is Judicial Magistrate who recorded the statements of the victim girl under Section 164 Cr.P.C.;