ABHIMANYU KASHYAP @ GOBARDHAN RAM Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THIS appeal at the instance of the appellant named above is directed against the impugned judgment and order dated 21.4. 2001 and 23.4.2001 respectively passed in Sessions Trial No. 157 of 2000 T.R. No. 5 of 2000 by Shri Asit Baran Shekhar, 1st Additional Judicial Commissioner -cum - Special Judge, S.C. and S.T. (Prevention of Atrocities) Act, Ranchi whereby and whereunder the appellant was found guilty for the offence punishable under Section 376 of the Indian Penal Code and Section 3(2)(v) of the S.C. and S.T. (Prevention of Atrocities) Act and he was convicted and sentenced to undergo rigorous imprisonment for the offence under Section 376 of the Indian Penal Code and to pay a fine of Rs. 5,000/ - and in default thereof to undergo rigorous imprisonment for two years and he was further convicted and sentenced to undergo rigorous imprisonment for seven years for the offence under Section 3(2)(v) of the S.C. and S.T. (Prevention of Atrocities) Act, 1989. However, both the sentences were ordered to run concurrently. It has also been directed in the impugned judgment that the amount of fine aforesaid shall be paid to the victim.

(2.) THE prosecution case has arisen on the basis of the written report (Ext. 2) of informant (PW 2), Deoki Tuti, the victim of tne alleged ravishment lodged before Khunti Police Station on 15.9.1998 at 15.30 hours regarding the occurrence which is said to have taken place on 14.9.1998 between 20.30 hours and 21.00 hours on a 'Parti ' land, 50 yards north of Bhadra Chitore Kachchi road, P.S. Khunti, District -Ranchi and the appellant was also produced by the informant and her companions after apprehending him from his motorcycle repair shop along with the recovered dagger. The case was instituted against the appellant by drawing of the formal FIR (Ext. 5) on the basis of the said written report which was received on 16.9.1998 in the Court empowered to take cognizance. PW 4 Karmi Sanga and PW 9 Ram Dayal Munda, who were the parents of the informant figured as witness on the written report (Ext. 2).

(3.) IN course of investigation, the statement of the informant under Section 164 of the Code of Criminal Procedure was recorded by PW 3, Shri Raj Kumar Turi, Judicial Magistrate, Khunti and the said statement is Ext. 3 in this case. Production -cum -seizure lists (Ext. 6 and 6/1) were prepared by PW 10 Narayani Choudhary, the IO of this case in respect of dagger recovered from the appellant and blood stained underwear and Samiz of the informant respectively which was witnesses by PW 6 Ratan Pahan and PW 5 Satuwa Munda as well as PW 6 Ratan Pahan and PW 7 Jhirga Munda respectively and their signatures thereon are Ext. 4 series. The informant was also sent for medical examination to Sub - Divisional, Hospital, Khunti on that very day where she was examined at 16.15 hours.