RAMLAL HEMBROM Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The sole appellant has faced the trial on the charge under section 376 and section 307 of the Indian Penal Code. In Sessions Case No.102 of 2008, the appellant has been convicted and sentenced of R.I for life under section 376 of the Indian Penal Code and R.I for seven years under section 307 of the Indian Penal Code and fine of Rs.10,000/- under section 307 of the Indian Penal Code. He was directed to pay fine of Rs.8,000/- to the victim as compensation under section 357 of the Code of Criminal Procedure.

(2.) The informant of this case is the victim lady. At the time of the occurrence she was aged about 25 years. On the basis of her fard-beyan which was recorded on 22.12.2007 at about 14:15 hrs. at village Kheribari, Gopikandar P.S Case No.30 of 2007 has been lodged against the appellant under sections 376 and 307 of the Indian Penal Code. During the trial, the prosecution has examined 9 witnesses; the victim lady is P.W 8. The prosecution witnesses Subhasni Murmu-P.W 1, Khato Hembrom-P.W 3, Sri Ram Hembrom-P.W 4 and Samual Hansda-P.W 6 are co-villagers and Sanjay Murmu-P.W 5 is husband of the victim lady; Lakhan Tudu-P.W 7 is her brother.

(3.) In her fard-beyan, the informant has stated that in the morning of 16.12.2007 she had liquor with her husband in the house of Khato Hembrom and thereafter her husband had gone for a bath towards river. She was drunk and in that condition she slept on the ground behind the house of Matla Murmu. At about 7:00 p.m.-8:00 p.m., the accused came there and dragged her towards eastern bari. She was drunk and, therefore, could not resist. The accused took him near Jujube tree (Ber) and sexually assaulted her. Thereafter she felt that the accused had inserted wooden stick like object in her private parts due to which she felt severe pain and became unconscious. When she regained conscious her husband and sister-in-law told her that she was found in naked condition in the field of Dewa Murmu from where they have brought her home.