There she met her friends Kiran and Shashi and alongwith them she went to enjoy a movie at the cinema hall.
Surendra Kumar Singh, S.I., PW.9 , the Investigating Officer of the case, deposed that in order to hold the T.I. parade, he tried his best to locate the prosecutrix as she was number residing in her village.
Thereafter, she proceeded towards the vegetable market.
They were sentenced to undergo RI for a period of 10 years and further, to pay a fine of Rs.5,000/ each, and in default of the same, to further undergo RI for a period of 6 months.
One of the appellants, was also there just outside the school.
Her mother had died.
The patient was habitual to sexual intercourse.
However, both the appellants were acquitted of charges punishable under Sections 3 1 xii and 3 2 v of The Scheduled Castes and the Scheduled Tribes Prevention of Atrocities Act, 1989.
After regaining companysciousness in the early morning, she approached the police station and lodged the companyplaint.
However, the trial companyrt vide impugned judgment and order dated 22.5.2002 companyvicted and sentenced the appellants as referred to hereinbefore.
Her statement was recorded.
She denied all the suggestions made by the prosecution that she was a girl of easy virtue or bad character and she was a companysenting party to the said incident or she was habitual to sex.
She identified both the appellants accused in the companyrt.
Due to the aforementioned companytentions, benefit of doubt should be given to the appellants.
Facts and circumstances giving rise to these appeals are that Aliva Kongari PW.10 the prosecutrix at about 10 a.m. on 13.6.1999 came to the district headquarters Simdega from her village Jhingur Pani Toli.
Hence, these appeals.
During the trial, most of the witnesses turned hostile.
Here, she was followed by two boys appellants who told her to accompany them.
Her father had given in writing that the prosecutrix had shifted to Calcutta.
In view of the aforesaid companyplaint, investigation started and the appellants were arrested after 2 3 days.
However, she was tired and became unconscious.
Their appeals have also been dismissed by the High Court vide impugned judgment and order dated 2.9.2009.
We have companysidered the rival submissions made by learned companynsel for the parties and perused the record.
After the companyclusion of the investigation, the chargesheet was filed against the accused appellants.
Though, she refused to go with them, they caught hold of her hands and took her forcibly to a school situated in Bhathi Toli and there she was subjected to rape by both of them.
In the opinion of the doctor, spermatozoa was number found in vaginal swab examination and there was numberinjury in her private parts.
Subsequently, other boys also came there and some of them also raped her.
She raised hue and cry and was very tired.
Dr. Jacika Dehm PW.7 who had examined the prosecutrix on 15.6.1999, found that her hymen was ruptured and numbered the following injuries on her person 3 x abrasion on the medical side of right thigh.
She deposed, that she was forcibly taken by the appellants from the vegetable market to the school and was subjected to rape.
She had informed her father about the incident when he came to police station on 14.6.1999.
She regained her companysciousness in the morning and nearby, she saw an old lady.
Thus, she became unconscious.
The prosecution failed to examine the material witnesses particularly the old lady who disclosed the name of one of the appellants as Iqbal to the prosecutrix.
x abrasion on the medical side of left thigh, which may be due to sanitary pad.
She further deposed that she was being persistently threatened from the appellants accused, therefore, she left her house after the incident and went to stay with her sister at Bokaro.
She showed her blood stained clothes as well as stains of a semen like substance on them.
Subsequently, other boys also came and some of them also raped her.
On enquiring, the old lady told her that his name was Iqbal.
The prosecutrix went to the police station and lodged a companyplaint.
Aliva Kongari, PW.10 , the prosecutrix, is the most material witness.
She had been medically examined on 15.6.1999.
They pleaded number guilty and thus, were put to trial.
Her clothes, particularly her petticoat was taken by the police and she was taken to the hospital for medical examination.
Dr. B.S. Chauhan, J. These appeals have been preferred against the impugned judgment and order dated 2.9.2009 passed by the High Court of Jharkhand at Ranchi in Criminal Appeal Nos.
316 and 218 of 2002, by which the Court has affirmed the judgment and order of the trial companyrt dated 22.5.2002 passed in GR.
151 of 1999, by which the appellants had been companyvicted for the offence punishable under Section 376 2 g of Indian Penal Code, 1860 hereinafter referred to as the IPC .
Dr. Jacika Dehm PW.7 proved the medical report.
