ASHOK KUMAR YADAV Vs. THE STATE OF JHARKHAND

JUDGEMENT

(1.) THIS appeal is directed against the judgment of conviction and order of sentence recorded by Shri Satish Chandra Singh, 1 Additional Sessions Judge, Godda in Special Case No. 26 of 2006 arising out of Godda P.S. Case No. 288 of 2006. The Petitioner was convicted under Section 376 of the Indian Penal Code and was sentenced to undergo rigorous, imprisonment for 7 years and to pay fine of Rs. 5,000/ - (Five thousand) with default stipulation.

(2.) THE prosecution story in short was that in the night of 09.08.2006 at about 11 p.m. the daughter of the informant Tersa Soren, aged about 12 years when came out for urination, she was caught hold by the Appellant Ashok Kumar Yadav on the point of dagger and the Appellant after gagging her mouth ravished her on a 'Chauki'. The Appellant after commission of the offence threatened her of dire consequences in case she reported the matter to else. She immediately returned after escape of the Appellant and narrated the occurrence to the members of her family. The matter was conveyed to the father of the Appellant, who though assured "Panchayati" but the informant and the other members were abused by calling them tribes. A complaint was filed in this regard before the Court of C.J.M., Godda on 30.08.2006 of the occurrence which took place on 09.08.2006 and the complaint petition was sent under Section 156(3) of the Code of Criminal Procedure and accordingly a police case was registered and the charge -sheet was submitted under Section 376 of the Indian Penal Code as also under Section 3(i)(xii) S.C. and S.T. (Prevention of Atrocities), Act, 1989 accordingly, cognizance was taken for the said offence. The Appellant was put on trial after framing of charge and his statement was recorded thereafter under Section 313 Code of Criminal Procedure wherein he was confronted with the incriminating materials brought on the record during course of trial against him wherein he expressed his innocence.

(3.) THE victim girl Tersa Soren was examined by P.W. 5 Dr. Bandevi Jha on 14.10.2006 at Sadar Hospital, Godda who found the following: