PRAMOD MAHTO Vs. STATE OF BIHAR

JUDGEMENT

(1.) After hearing learned counsel for the parties, we grant special leave confined to the question of sentence only.

(2.) The appellants have been convicted under section 376 IPC and sentenced to undergo imprisonment for life and also to pay a fine of Rs. 1,000/- in default to undergo RI for two years. The four appellants who were arrayed as A2, A3, A4 and Al will hereafter be referred to in the order of their array before the Sessions Judge.

(3.) The four appellants and one Umesh Mahto (accused No. 5) besides 11 others who were acquitted were charged under Sections 380 and 376 read with Section 149 IPC for having entered the house of the victims and committing rape on them and thereafter removing cash and valuables from the house on the night of 16/17 of March, 1984. The prosecution case was that while accused Nos. 6 to 16 stood outside the house, accused Nos. 1 to 5 entered the house through the roof after dismantling a portion of it and thereafter accused Nos. 1 to 4 committed rape on the victims while accused No. 5 stood guard over them with a gun in his hands in order to overawe them and make them submit to the rape committed on them without protest. Accused Nos. 1 to 4 are said to have committed rape first on PW 1 Jaiboon Nisa, an unmarried girl aged about 15 or 16 years and thereafter accused No. 1 caught hold of PW 2 Roshanara to commit rape on her but on her entreating him that she may be spared as she was pregnant she was released and thereafter accused Nos. 1 to 4 committed rape on PW 6 Sakina Khatoon, a sister-in-law of PW 2 Roshanara. Then accused Nos. 1 and 4 are said to have committed rape on Maimum Nisa, another sister-in-law of PW 2 Roshanara. Thereafter accused Nos. 1 to 5 are said to have opened the boxes kept in the house and removed cash and articles and left the place.