BISHNU KUMAR GUPTA @ CHHUNU Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This appeal is directed against the judgment of conviction dated 19.5.2007 and order of sentence 22.5.2007 passed by the Sessions Judge, Latehar in S.T.No.83 of 2005 whereby and whereunder learned Sessions Judge having found the appellants guilty sentenced each of them to undergo rigorous imprisonment for seven years for an offence under Section 366/34 of the Indian Penal Code and ten years for an offence under Section 376(G) of the Indian Penal Code.

(2.) It is the case of the prosecution that on 8.7.2004 at about 6.30 P.M. Sarika Patwari @ Guriya aged about 17 years, daughter of Krishna Kumar Patwari (P.W.9) had gone to market for purchasing something for her use but when she did not return home till 8 - 8.30 O clock, Ashish Patwari @ Bobby (P.W.3) and Manish Patwaril (P.W.6) left home in search of her. In course of search, it could be known that both the appellants have taken away Sarika @ Guriya forcibly towards Balumath in a Marshal Car, bearing registration no. JH 01G-5042. They also came to know about the number of Mobiles which the appellants were having with them but whenever calls were made, the appellants did not make any response. Thereupon a written report was submitted by Krishna Kumar Patwari (P.W.9) father of the victim girl before the Chandwa Police Station, upon which Chandwa P.S. case no.50 of 2004 was instituted under Section 366A/34 of the Indian Penal Code. On the next day from the owner and driver (Bhuneshwar Paswan) of the Marshal Car, it could be known that the appellants had taken Sarika to Koderma from where they had boarded on at Delhi bound train. On getting this information, Uncle of the girl Ramesh Patwari (P.W.5), cousin Rohit Agrawal (P.W.4) and brother Manish Patwari (P.W.6) left for New Delhi but they did not find them there,. Thereafter with the help of B.S.N.L Customer Care they could know that from the location of Mobile of the appellant Bishnu Kumar Gupta that appellants are at Bhopal. Accordingly, they reached Bhopal and there again with the help of B.S.N.L Customer Care, they knew the exact location of the Mobile at somewhere near New Market. When they reached there, they found the appellant Rajen Mian @ Soyab there at tea shop. On being quizzed, he disclosed that the appellant Bishun Kumar Gupta and Sarika are at the hospital where Bishnu Kumar Gupta has been admitted. Upon it, all the three came to the hospital at about 7-8 O clock in the morning on 13.7.2004 and found Sarika near the bed of the appellant, who had been admitted at the hospital. As soon as Sarika saw them, she told them that both of them after kidnapping her got her boarded on a train at Koderma and in course of journey, when information was received by the accused on his Mobile that her family members are coming to Delhi in search of them, they got down at Kanpur and stayed in a hotel for some time. In the night they left for Bhupal by train and reached Bhopal. At 10 O clock on 10.7.2004. They brought her to a Lodge where both of them committed rape upon her. She further disclosed that on 12.7.2004 while the appellant Bishnu Kumar Gupta was making an attempt to commit rape, she hit on his scrotum, as a result of which he became injured and then he was admitted to hospital. Thereafter she was asked under the threat to look after Bishnu Kumar Gupta at the hospital. She also disclosed that while they were staying at Lodge, the accused persons made her to write letters forcibly.

(3.) Thereafter Manish Patwari (P.W.6) and Sarju (maternal uncle of the victim) left for Chandwa along with the girl. The other two persons, namely, Ramesh Patwari (P.W.5) Rohit Agrawal (P.W.4) stayed over there for keeping watch upon the accused.