DEVENDRA MAHLI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This appeal is preferred against the Judgment of Conviction dtd. 22/8/2003 and order of sentence dtd. 23/8/2003 passed by the learned Additional Judicial Commissioner, FTC-VII, Ranchi, in S.T. No.592 of 1998, arising out of Itaki P.S. Case No.35 of 1997, corresponding to G.R. No.2362 of 1997, whereby the sole accused appellant has been convicted for the offence under Ss. 341, 354, 509 and 366/511 of IPC and directed to serve one month simple imprisonment under Sec. 341 of IPC, two years for the offence committed under Sec. 354 of IPC, one month S.I. for the offence committed under Sec. 509 of IPC and R.I. for five years for the offence committed under Sec. 366/511 of IPC.

(2.) The allegations against the appellant arose in the wake of the beyan dtd. 7/10/1997 of the informant (Hereinafter referred to as 'victim':-name held up to maintain confidentiality), where she had given her statement before the officer-in-charge of Itaki P.S. that on 6/10/1997, she had gone to the house of her maternal uncle, which is situated just 25 yards away from her house. After cleaning the house of her mama, she left the house for washing the utensil and reached near the hand pump. There was completely dark. No one was with her. All of a sudden, the accused-appellant Devendra Mahali appeared and caught hold her hand and taking her away from that place to lonely field and said don't raise hue and cry, "I will marry with you." Out of fear, she tried to flee away from the grip of the accused, but she was caught hold by the accused with force and again accused was taking her away forcibly. Thereafter, she raised hue and cry and got rid off from the grip of the accused and ran away. She was chased by the accused and caught hold of by him. She was put on ground and tried to outrage the modesty. After hearing the hulla of the informant, her mama and father reached at the place of occurrence and rescued her from the grip of the accused. Thereafter, accused was assaulted by the villagers. She has further stated that accused ha torn her garments. She has further stated that accused Devendra Mahali had given her threatening on 3/10/1997, while she was going to fetch the soil from the pond when she was intercepted by the accused and told that he wanted to marry with her.

(3.) On the basis of statement recorded by Officer In-charge, Itaki P.S., FIR was registered under Ss. 341, 354, 509 and 366/511 of IPC against the sole accused appellant and investigation was taken up. After investigation, the police submitted the charge-sheet in this case, on the basis of which, cognizance of the offence was taken and the case was committed to the Court of Sessions and the learned court below passed the impugned judgment of conviction and order of sentence, which is under challenge in this appeal.