KULDEEP SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) By Court This appeal is directed against the judgment of conviction dated 7th March, 2003 and order of sentence dated 10th March, 2003 passed by, Additional Judicial Commissioner-cum-Special Judge-VI, C.B.I (A.H.D.), Ranchi in Sessions Trial No.373 of 1986.

(2.) The prosecution case, in short, is that victim Radha Kumari daughter of Prasad Singh alias Patur Singh gave her statement which was recorded by Officer-in-Charge, Lapung Police Station on 21st April, 1986 that about six months ago in the month of Ashwin the informant was cutting paddy in her field situated at Budha Bagicha. After cutting paddy at noon, she took bath in a river and was standing near Karanj tree and getting her cloths dry. Then suddenly Kuldeep Singh caught hold her from behind and thrown her on the ground. She tried to raise alarm but he put her cloths in the mouth and thereafter committed rape upon her. Thereafter, she thought of committing suicide by drowning in the river and while she was going towards the river then accused stopped her and offered that he will marry her and will take all the responsibility. After this incident, he continued committing rape upon her then she along with her parents complaint before the parents of the accused. Their parents assured her that the marriage would be solemnized between their son Kuldeep with the victim and advised not to raise this issue before others. The assurance of the parents of accused was accepted by the parents of victim and thereafter accused used to visit her residence as a result of which she became pregnant. The information about the pregnancy was also given to the mother of victim then she replied that the child would be her grandson so there is no question of any fearfulness and promised that the marriage would be solemnized in the next Lagan. The further allegation is that in the month of March when they approached them for marriage then he told that since the father of accused has been transferred from Chandwa to Latehar so the marriage would be solemnized in the month of Ramnawmi. Again during Ramnawmi parents of victim approached parents of convict and requested for the marriage then they refused to marry with convict. She claimed that she became pregnant due to Kuldeep Singh and his parents have cheated them and she has been made victim of rape and of cheating. This statement was read over to her and she put her L.T.I. in presence of two witnesses.

(3.) A formal F.I.R. being Lapung (Sadar) P.S. Case No.12 of 1986 was drawn corresponding to G.R. No.986 of 1986. After investigation, charge sheet was submitted against the appellant and after commitment of case, charge under Sections 376 and 493 of the Indian Penal Code was framed upon him. He denied the charges levelled upon him and claimed to be tried in the case.