PATNA, India, Sept. 17 -- Patna High Court issued the following judgment on Aug. 18:

Heard Mr. Subodh Kumar Jha, learned counsel for the appellant and Ms. Usha Kumari, learned Spl. PP for the State.

2. The informant/victim was earlier informed by learned Special P.P. for the State and thereafter she has entered appearance through an Advocate whose name is printed in the cause list but no one has appeared on behalf of the informant to oppose the appeal.

3. The present appeals arise out of the judgment of conviction dated 29.09.2022 (hereinafter referred to as the 'impugned judgment') and the order of sentence dated 30.09.2022 (in short referred to as the 'impugned order') passed by the learned Sessions Judge-I-cum-Special Judge SC/ST (POA) Act, Kaimur at Bhabhua (hereinafter called the 'learned trial court') in SC/ST Case Reg. No. 72 of 2020, arising out of Bhabhua Mahila P.S. Case No. 37 of 2020.

4. By the impugned judgment the appellants have been awarded sentence of 20 years with a fine of Rs. 5000/- and in default of payment of fine to further suffer imprisonment of 6 months for the offence under Section 376(D) of the IPC; R.I. of six months with a fine of Rs. 2000/- and in default of payment of fine to further suffer imprisonment of 15 days for the offence under Section 342 of the IPC; R.I. of six months and a fine the convict shall undergo a further imprisonment of 15 days for the offence under Section 323 of the IPC; R.I. of one year with a fine of Rs. 1000/- and in default of payment of fine to further suffer imprisonment of 15 days for the offence under Section 451 of the IPC; R.I. of 3 years with a fine of Rs. 5000/- and in default of payment of fine to further suffer imprisonment of six months for the offences under Sections 3(i)(w)(i) SC/ST (Prevention of Atrocities Act) and R.I. of six months with a fine of Rs. 5000/- and in default of payment of fine to further suffer imprisonment of 15 days.

Prosecution Case: 5. The prosecution case is based on the written application given by the informant/victim (P.W. 5). In her written report she has stated that she was sleeping in her home after closing the door. The accused persons entered into the room at around 01:00 P.M. (daytime) by jumping the boundary wall. The accused persons tied her hands and legs and put clothes in her mouth and abused her in the name of her caste and threatened her to either keep quite or they would kill her. It is further alleged that the accused persons raped her one after another. She further disclosed the names of the accused persons being Sheru Ansari and his driver Naushad Ansari. She has stated that Sheru Ansari is her co-villager whereas Nausahd Ansari hails from another village. She further alleged that the accused persons snatched her Mangal Sutra, Ear Tops and Necklace and fled away.

The rest of the document can be viewed at https://patnahighcourt.gov.in/viewjudgment/NSMyMiMyMDIzIzEjTg==-2LfAyKWk5BQ=

Disclaimer: Curated by HT Syndication.