Aparesh Kumar Singh - (1.) By Court: Heard Learned Counsel for the appellants Mr. Sumir Prasad and Mr. A.N. Deo in the respective Criminal Appeals and Mr. Ravi Prakash, Additional Public Prosecutor representing the State.
(2.) It is a case in which all the four F.I.R. named accused persons (appellants herein) have been convicted for the charge of rape under Section 376 of the I.P.C.; further house trespass in order to commit offence punishable with imprisonment for life under Section 450 of the I.P.C. and also under Section 3(2)(v) of the Scheduled Caste/Scheduled Tribe (Prevention of Atrocities) Act, 1989 by the judgment of conviction dated 20th December 1996 rendered in Sessions Trial No.148/1996 arising out of Katkamsandi P.S. Case No.77/1995, corresponding to G.R. No.1365/1995, T.R. No.739/1996 by the learned Special Judge, Scheduled Caste/Scheduled Tribe (Prevention of Atrocities) Act, Hazaribagh. All these appellants have been sentenced to undergo rigorous imprisonment for life against their convictions under each of these Sections. Sentences were directed to run concurrently.
(3.) The prosecution case is based upon the Fardbeyan of the prosecutrix (P.W.5) recorded at 14 hours on 17th August 1995 at Pelawal Outpost by Sub-Inspector Arun Kumar Singh, Incharge, Pelawal O.P. The gist of the allegation is as under :- The informant 'X' (name withheld) daughter of Thuma Dhan of village Haram, P.S. Katkamsandi, District Hazaribag gave her statement in presence of her mother Duggi and co-villager Budhuwa Oraon son of Late Ruiya Oraon at Pelawal O.P. that on Wednesday at 4 P.M. while she was alone in her house, since her father had gone to his relative to Piti village and her mother had gone out for manual labour, 4 accused persons of her village namely (1) Lokan Mahto son of Chaman Mahto (2) Konjha Mahto son of Badan Mahto (3) Khelwa Mahto son of Chaita Mahto and (4) Bhunua Mahto son of Jataha Mahto came to her house. Lokan Mahto caught hold of her, Konjha Mahto caught hold of her leg and fell her down and then Lokan Mahto committed rape upon her. Thereafter Konjha Mahto also committed rape upon her. Then they went outside and stood at the door when Khelwa Mahto and Bhunua Mahto also committed rape upon her one after the other. They left thereafter threatening that if she disclosed the occurrence to anyone, she would be killed. Out of fear she remained in her house and after sunset when her mother returned, she disclosed the occurrence to her. Since it was night, in the morning she walked down to Pelawal P.S. and gave her statement. ;