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2020 Supreme(Jhk) 1042

SHREE CHANDRASHEKHAR, RATNAKER BHENGRA
Sudhir Indwar, Son of Late Fudu Indwar – Appellant
Versus
State of Jharkhand – Respondent


Advocates Appeared:
For the Appellant :Mr. Anil Kumar Sinha, Mr. Abhisek Prasad, Advocate
For the State : Mr. Ravi Prakash, Spl. P.P

JUDGEMENT :

Per, Shree Chandrashekhar, J. Dated: 7th July, 2020 (Oral) Jagarnathpur P.S Case No. 297 of 2010 was lodged on 10.08.2010 against Sudhir Indwar, Satish Sahu and Moto Lakra @ Motka Loakra under section 376(2)(g) of the Indian Penal Code for committing gang rape upon the victim girl (hereinafter referred to as “P”).

2. In Session Trial No. 79 of 2011/T.R. No. 57 of 2013, both the appellants have faced the trial on the charge under section 376 (2)(g) of the Indian Penal Code; the trial against co-accused, namely, Satish Sahu who was found juvenile was separated.

3. The learned Additional Judicial Commissioner-III-cum-F.T.C. (CAW), Ranchi, has held that the victim has identified the appellants as the persons who have sexually ravished her; that the evidence of sexual intercourse might have been washed off; and, moreover, a conclusion whether rape was committed or not can be drawn by the Court and not decided by the medical opinion. The learned trial Judge has also found that the testimony of “P” inspires confidence and appears to be trustworthy.

4. Accordingly, the appellants were convicted and sentenced to R.I for Ten years and fine of Rs.5,000/-under section 376 (2) (g) IPC.

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