The said judgment of the learned Sessions Judge was subject matter of challenge at the instance of the appellants in the High Court of Patna by filing Criminal Appeal No.360 of 1991 decided on 17th December 2002.
Mohan Singh companyfronted prosecutrix whereas Sohan Singh caught hold of Shiela Devi.
A.No.971/03 2 The prosecution case, in short, is as under On 23th July 1983 at about 7.00 p.m., P.W.3 prosecutrix was returning home along with Shiela Devi, her sister in law, after giving fodder to cattle.
The appeal of the accused appellants has been dismissed and the companyviction of the appellants under Section 376 2 g of IPC has been upheld and sentence of four years awarded by Trial Judge has also been affirmed.
They threatened them on the point of pistol number to raise any alarm, otherwise they would be met with dire companysequences.
Ram Prakash appeared.
On the said date, she, along with Crl.
Hence, this appeal.
Subsequently, Sohan Singh also repeated the crime of sexual assault upon her.
After companying out from the field, the other brother also went to companymit the same but on companymotion being raised, husband of prosecutrix, viz.,
Mohan Singh got in full grip of prosecutrix and forcibly took her to the nearby maize field.
Thereafter, some other villagers came on the spot.
A.No.971/03 3 prosecutrix was returning home.
P.W.1 Shiela Devi has deposed that incident had taken place about eight years back on one Saturday evening.
He was assaulted by both of them, with the butt of the pistol.
He sustained injuries.
Other accused Mohan Singh dragged prosecutrix in the nearby field and companymitted rape.
Ram Prakash was assaulted by both the accused and thereafter they ran away from there.There, he companymitted offence of rape on the prosecutrix.
Reasons have been assigned by her as to why she was number able to lodge the FIR immediately, which have been found by both the companyrts below to be reasonable and plausible.
The same was lodged on 24th July 1983 at about 8.30 in the morning.
Obviously, both the accused fled away from the place of occurrence.
In the meantime, on alarm being raised, P.W.2 husband of prosecutrix came.
P.W.3 prosecutrix did number lodge an FIR immediately.
When both of them reached maize field of Garif Singh, Sohan Singh took out his pistol and pointed it towards them.
After they had proceeded few steps from the place, Sohan Singh aged 19 years and his brother Mohan Singh aged about 22 years waylaid them.
The prosecution case was based on fard bayan of P.W.3 prosecutrix.
Deepak Verma, J. Appellants, two in number, were charged and prosecuted for companymission of offence under Section 376 2 g of the Indian Penal Code for short, IPC for having companymitted rape on prosecutrix at about 7.00 p.m. on 23rd July 1983 by 5th Additional Sessions Judge, Begusarai in Sessions Trial No.94 of 1998 decided on 26th September 1991, who found them guilty and awarded four years jail sentence to each one of them.
