SAWNA GOPE Vs. THE STATE OF JHARKHAND

JUDGEMENT

(1.) SINCE both the appeals have been filed by the same appellant Sawna Gope against the same impugned judgment of conviction and order of sentence and, as such, they have been heard together and are being disposed of by this common judgment.

(2.) These two appeals have been filed by the appellant Sawna Gope from the jail against the judgment dated 28.7.2003 in ST. No. 206 of 2001 passed by the Additional Sessions Judge, Simdega, whereby and whereunder the appellant was convicted for committing offence under Section 376 of the Indian Penal Code for committing rape on the prosecutrix Fulmani Devi on 18.5.2001 in his village and thereby he was sentenced to undergo R.I. for a period of 7 years and to pay a fine of Rs. 500/ - and in default of payment of fine to undergo R.I. for three months.

(3.) PROSECUTION case in nut - shell is that on 18.5.2001 at about 6.45 P.M. prosecutrix Fulmani Devi (P.W. 2) was coming with one Budhua Gope (not examined), who was related to her as brother in law. At that time the appellant said to have approached the prosecutrix and told her to come to his house and when she refused then he caught hold her hands and took her to his house forcibly. Though she tried to rescue herself, but she was forcibly taken inside the room by the appellant, where son and daughter of the appellant were present. The appellant asked son and daughter to get out and thereafter closed the room and then committed rape on the victim girl for the whole night. P.W. 1 Johan Dungdung protested against the act of the appellant, but he was also thrashed out by the appellant. The prosecutrix was allowed to go in the morning and then she reported the matter to Munni Devi, Kartik Gope, Bahura Gope and others( all of them have not been examined by the prosecution) and then she went to the police station and lodged the report.