LAGU MIAN Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Mr. Arvind Kumar Choudhary, the learned counsel for the appellant as well as Mr. P.K. Appu, the learned APP for the State.

(2.) The present criminal appeal is preferred against the judgment of conviction dtd. 3/5/2010 and the order of sentence dtd. 6/5/2010, passed by the learned 1st Additional Sessions Judge, Deoghar in Sessions Case No. 24 of 2009, whereby and whereunder, the appellant was convicted for the offence under Sec. 376 of the Indian Penal Code and sentenced to undergo RI for seven years and a fine of Rs.2000.00 and in default of payment of fine one year SI was awarded.

(3.) The case of the prosecution as per the complaint petition P.C.R. Case No. 504/2004 of the PW-3 complainant or victim (name concealed) is that her marriage was solemnized with Md. Jiyaul and Lagu Mian (appellant herein) is her father-in-law. Her marriage was solemnized on 18/6/2003 according to Muslim rites and customs and den mehar was fixed Rs.11,551.00. In the marriage her father had given Hero-Jet bicycle, wrist watch, sewing machines, silver ornaments and cash Rs.20,000.00. After her marriage, complainant went to her matrimonial home with ornaments and cash and started living with her husband. Complainant further alleged that since last six months accused persons started demanding Rajdoot motorcycle and one palang as dowry and they subjected her to cruelty mentally and physically and also abused and assaulted her for the fulfilment of their demands. The complainant was tolerating every things because her father was a poor man and was not in a position to fulfil the demands of the accused persons but, later on she informed about the demand of the accused persons to her father. On 15/6/2004, complainant's father requested the accused persons to keep his daughter peacefully and not to torture her and he was not in a position to fulfill the demand of dowry. Accused persons had threatened the complainant in presence of her father and other witnesses for dire consequences, when their demand of dowry was not fulfilled. On 15/6/2004, her father-in-law threatened if the demand of Rajdoot motor cycle and palang was not fulfilled then he would teach a lesson to the complainant. Complainant further alleged that on 6/8/2004, her husband had gone to Asansol and the complainant was sleeping in her room alone in the night, then her father-in-law Lagu Mian (appellant herein) entered into her room at about 08:00 pm and thrashed her on the ground, lifted her saree and peticoat and committed rape with her and threatened if she would tell about the incident of rape to anyone then she will be killed. On 7/8/2004 in the morning, the complainant informed her father, then complainant's father along with other reached at her matrimonial home on 8/8/2004 and panchayati was held on 8/8/2004. But all the accused persons assaulted her with fists and slaps and deserted her and refused to attend the panchayati. Then on request of the complainant's father another date of panchayati was fixed on 12/9/2004 but the accused persons again refused to attend the panchayati. On 13/9/2004 the complainant's father went to Jasidih police station where police directed them to file case in the court. Due to the heavy rain, the complainant could not file complaint case on 15/9/2004 and 16/9/2004.