JAGAI SOREN Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS jail appeal has been preferred by the sole appellant against the Judgment and order dated 26th of May, 1993 passed by the 1st Assistant Sessions Judge, Dumka in Sessions Case No. 1 of 1993 convicting the appellant under Sections 376 and 442 of the Indian Penal Code (hereinafter referred to as the 'I.P.C.') and sentenced him to undergo R.I. for seven years and six months respectively. Both the sentences were ordered to run concurrently.

(2.) THE prosecution case in brief is that the victim lady Sonamuni Marandi (P.W. 4) in her fardbeyan dated 29.3.1992 recorded by S.I. Amod Narayan Singh of Shikaripara P.S. (P.W. 8) alleged that on Friday, a day before yesterday, she was returning from Shikaripara Hatia at about 7.00 p.m. When she reached near the school building of her village, accused Jagai Soran caught hold of her and dragged her inside the school. She tried to raise hulla but he put his napkin into her mouth. The accused confined the victim lady inside the school for whole night and committed rape forcibly on her twice. In the morning, her husband along with some villagers arrived at the school building, but the accused escaped. She narrated the occurrence to her husband and other villagers assembled there. A village panchayati was called but the accused did not turn up. Thereafter, the village pradhan directed to report the matter to the police and as such on 29.3.1992 on the basis of her fardbeyan, the case was registered. After commitment, the trial proceeded in the Court below. During the investigation, the I.O. sent the victim girl for medical examination and obtained injury report.

(3.) THE prosecution has examined altogether eight witnesses. P.W. 4 (Sonarauni Marandi) is the victim lady. The Doctor has estimated her age as 19 years and the Court has assessed her age about 21 years. She is a married woman. She stated that while she was returning from Hatia on Friday (27.3.1992) in the evening, the accused caught hold of her near the school building and dragged her inside the school and forcibly committed rape on her twice. She stated that she sustained some external injuries on her person due to offering some resistance at the time of commission of rape on her. It is further stated that in the morning, her husband came to the school along with some villagers to whom she narrated the occurrence. In the meantime, the accused fled away. Her husband and villagers had seen the accused fleeing away from the school building.