Huro Mahto And Anr. v. State of Jharkhand
Case brief
What is this about?
Huro Mahto and Diwakar Mahto v. State of Jharkhand, Cr. Appeal (S.J.) No. 59 of 2012, High Court of Jharkhand at Ranchi, decided 10.01.2024 by Gautam Kumar Choudhary, J. Appeal against judgment of conviction and order of sentence dated 19.12.2011 by the Additional District & Sessions Judge, Godda in Special Case No.24 of 2010, arising from Poraiyahat P.S. Case No.132 of 1999 (written report by Manti Devi dated 28.09.1999 alleging conjoint assault and attempt to commit rape). All three witnesses including the informant turned hostile; conviction under Sections 323/34 IPC and Section 3(i)(xi) SC/ST (Prevention of Atrocities) Act held perverse and unsupported by evidence; conviction and sentence set aside; appeal allowed. Keywords: hostile witnesses, perverse judgment, substitution of court's own opinion, screening of accused by prosecutrix, appellate reversal of conviction, SC/ST (Prevention of Atrocities) Act, Godda.