ELBISH GURIYA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This appeal has been filed from jail by the convict-appellant Elbish Guriya against the judgment dated 24.11.2003 passed by the Additional Judicial Commissioner-II, Khunti in Sessions Trial No. 236 of 2001, whereby and whereunder the learned trial court convicted the appellant for committing the offence under Sections 376 and 448 of the Indian Penal Code and sentenced him to undergo rigorous imprisonment for seven years and six months respectively. However, both the sentences were ordered to run concurrently.

(2.) In short, the prosecution case is that the victim lady Magdali Guriya, aged about 40/50 years, said to have been raped by her own brother-in-law (Dewar) i.e. the appellant on 29.7.2000, while she was in her house at about 5.00 p.m. According to her, the appellant entered into her house and thereafter forcibly committed rape on her. At that time, her daughter Rahila Guriya (now dead) was also present and she saw the occurrence. She raised hulla, at this her husband Francis Guriya (P.W.3) came running and caught the appellant but he managed to escape away. According to the prosecution, the occurrence was reported to village Munda Banjamin Chaimpiya (not examined) and then a Panchayati was convened, but the appellant did not attend the Panchayat. Thereafter the informant reported the matter to the police on 9.8.2000 i.e. after 11 days of the occurrence and then an first information report was registered. The victim lady was medically examined by the doctor (P.W.2).

(3.) The police after completion of the investigation submitted charge sheet and the appellant was put on trial. During the trial, altogether five witnesses were examined. P.W.1 is the victim lady. P.W.2 is the Dr. Umeshwar Kumari, who medically examined the victim lady. P.W.3 is her husband. P.W.4 and P.W.5 are the witnesses, who came to know about the occurrence from the informant victim lady. The Investigating Officer has not been examined in this case.