SAMUEL SORAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) Sole appellant, Samuel Soren, preferred this appeal against the judgment of conviction and order of sentence, dated 14.07.88, passed by IVth Additional Sessions Judge, Santhal Parganas at Camp Sahebganj in Sessions Trial No. 79 of 1985, by which this appellant was convicted under Section 376 of the IPC and was sentenced to undergo rigorous imprisonment for four years.

(2.) Briefly stated, the prosecution case, as unfolded by fardebeyan (Exhibit 2) of Barunika Chaure (PW 1), a minor girl, recorded on 06.09.83 at Taljhari Railway platform, is that she was a student of Class IV in St. John School, Taljhari, and was residing in the house of this appellant, who happened to be the headmaster of that school, and also a distant relative as brother-in-law of the informant. The informant claimed that she was aged about 12 to 13 years and used to perform the household job in the house of the informant. The case of prosecution is that on 20.08.83 wife of this appellant, along with her son, had gone to Pakur and in the evening this appellant went towards village and returned at about 03.09.00 p.m. and asked the informant to sleep in the office. Further case of prosecution is that in the office this appellant asked her to press his legs and when she was not ready, he abused her and thereafter asked her to remove her clothes and himself forcibly removed her clothes and committed rape on her. The informant claimed that in the next morning when wife of this appellant came, she narrated the incident to her whereupon wife of the appellant assaulted the appellant with stick. The informant claimed to have informed about the incident to a relation of the appellant, who was also a teacher in the school, but she said not to disclose it to others otherwise she would be assaulted and thereafter she was taken to Taljhari village where she remained for some days and then went to station to catch train to go to her house at Barhet. She made her statement to the Officer-in-Charge of Taljhari Police Station to whom she reported the matter and her fardbeyan was recorded on which she put her signature and one Dawood Hembrom (PW 4) also put his signature as a witness. On the basis of her fardbeyan Taljhari P. S. Case No. 34/83 was registered under Section 376 of the IPC and police after due investigation, submitted charge-sheet against this appellant, who, after cognizance and commitment, was put on trial and was convicted and sentenced as aforesaid.

(3.) The defence, as gathered from suggestions put to PWs and the statement of the appellant under Section 313 of the Criminal Procedure Code, was that this appellant has been falsely implicated at the instance of one Dawood Hembrom (PW 4), who was contestant for the post of headmaster of that school and that this appellant was falsely implicated at his instance which is apparent from the fact that the fardbeyan was recorded in his presence.