DUKHHARAN MANDAL ALIAS DUKHU Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The appellant named above has preferred this appeal against the impugned judgment and order dated 15-12-1989 passed in Sessions Trial No. 25/11 of 1989 by Shri Jawahar Lal Choudhary, 5th Additional Sessions Judge, Dumka (Santhal Parganas) whereby and whereunder the appellant was found guilty for the offence punishable under Section 376 of the Indian Penal Code and he was convicted and sentenced to undergo R.I. for five years.

(2.) The prosecution case has arisen on the basis of the fardbeyan (Ext. 3) of P.W. 1, Bela Rani Nandan, the infomant and the alleged victim of this case recorded by S.I. Rabindra Kumar, O/C Raneshwar P. S., District-Dumka on 12-10-88 at 20.00 hours at Gulamdih More regarding the occurrence which is said to have taken place between 15.00 hours to 15.30 hours in her house situate in Village-Gulamdih, P.S. Raneshwar, District-Dumka. The formal F.I.R. (Ext.5) was drawn on 13-10-1988 at 2.30 hours which was received in the Court empowered to take cognizance on 13-10-1988.

(3.) The prosecution case, in brief, is that P.W.2, the informant was alone in her house at the time of the occurrence as her husband P.W.1, Ajay Kumar Nandan had gone to Raneshwar Khadi Bhandar at about 2 o'clock in the day to deliver cotton thread and her brother, P.W.3, Bipin Bihari Chandra was at his shop in the village. It is alleged that about 3.00 or 3.30 p.m. on that day appellant Dukhharam Mandal alias Dukhu of village-Jhormath came to the house of the informant on cycle and at that time he was wearing a white fullpant and white shirt and he stopped there and parked his cycle and asked from the informant about her husband and on being told that he had gone to Raneshwar to deliver cotton thread, the appellant asked for a glass of water from the informant to drink and in the meantime P.W.3 came there and at the instance of the informant, P.W.3 provided the appellant a glass of water and after taking water the appellant sat there. It is alleged that P.W.3 left the house of the informant for his shop after taking water and washing his face and in the meantime P.W.7, Ramdhar Kisku came there to purchase "Bidi" and the appellant also asked for a "Bidi" and the informant gave him a "Bidi" from her shop in the said house and the appellant started smoking it sitting there. The prosecution case further is that thereafter the appellant went to her brinjal field in front of her house and the appellant went in the said brinjal field and dragged her inside her house and pressed her for sexual intercourse and on her protest she was forcibly felled on the ground and her mouth was stuffed with her clothes and she was also assaulted after catching hold of her neck on the resistance put by her and she was also intimidated to be done to death and thereafter the appellant forcibly ravished her. It is also alleged that after ravishment the appellant again intimidated that she along with her husband shall be done to death if she discloses the incident. It is also alleged that the informant called her brother, P.W.3, Bipin Bihari Chandra through P.W.8, Roben Kisku, a 12 years old boy who was getting her cattle grazed in the vicinity of her house and P.W.3 came there on information and he had locked the cycle of the appellant and told that the matter shall be decided after arrival of the husband of the informant and asked the said boy to inform the husband of the informant but he did not go there and in the meantime P.W.12, Maya Chandra came there and she was also told about the occurrence and she went immediately to inform the husband of the informant and in the meantime the appellant snatched the key of the cycle from P.W.3 and fled away with the said cycle towards his village. It is also alleged that thereafter P.W.5, Madhusudan Chandra, the elder brother of the informant on getting information regarding the occurrence went to the Mukhiya of the village and on his advice he along with the informant and others were going towards to the police station for lodging the case but they met S.I. Rabindra Kumar, O/C Raneshwar P.S. at Gulamdih More where the fardbeyan of the informant was recorded on which P.W.3, Bipin Bihari Chandra, P.W.4, Ajay Chatterjee, P.W.5, Madhusudan Chandra and P.W.1, Ajay Kumar Nandan figure as witness.