MOKHO NAYAK Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This Criminal Appeal has been preferred against the judgment of conviction dtd. 14/6/2011 and the order of sentence dtd. 15/6/2011 passed by the learned Sessions Judge, Gumla in Sessions Trial No. 289 of 2007, whereby the learned trial Court has convicted all the appellants under Ss. 341, 342, 448 and 504 of the Indian Penal Code and the appellant No.4, namely, Chandan Nayak has further been convicted under Sec. 376 of the Indian Penal Code and sentenced them to undergo RI for one month with a fine of Rs.500.00 under Sec. 341 of the Indian Penal Code; RI for six months and a fine of Rs.500.00 under Sec. 342 of the Indian Penal Code; RI for six months and a fine of Rs.1000.00 under Sec. 448 of the Indian Penal Code; RI for one year and a fine of Rs.1000.00 under Sec. 504 of the Indian Penal Code. In default of payment of fine, they were directed to undergo SI for one month for each Sec. . The appellant No.4, namely, Chandan Kumar has been further directed to undergo RI for eight years with a fine of Rs.5000.00 under Sec. 376 of the Indian Penal Code, in default of payment of fine, he has been directed to further undergo SI for six months. All the sentences were directed to run concurrently.

(2.) The brief facts of the prosecution case leading to this Criminal Appeal are that the informant-victim gave the written information with the police station concerned with these allegations that on 9/6/2007, her father, mother, brother and sisters all after having taken dinner gone to sleep in the house. At 12:00 O'clock of night, Chandan Nayak, Babu Chand Nayak, Mokho Nayak and Jhalit Nayak all came to her house and knocked the door of the house asking to open the same. The mother of the informant-victim opened the door. Babu Chand Nayak and Chandan Nayak both intruded in her house. Both forcibly dragged her out of the house. Her father also came out. On being resisted by the mother and father both Babu Chand Nayak and Chandan Nayak assaulted to the parents of the informant-victim. Chandan Nayak forcibly took her to his house, thereafter, all criminally intimidated her. Ultimately, Babu Chand Nayak and Mokho Nayak both went to their house. Chandan Nayak kept her to his own house. On 10/6/2007 in the night, he raped her in one east facing room of his house. Chandan Nayak detained her for six days in his house and he raped her many times. On 7th Day, she left the house of Chandan Nayak and went to her house to see her ailing mother. Thereafter, she along with her ailing mother went to the house of her maternal uncle at Chainpur, Nawatoli, where she looked after her ailing mother and could not inform the police and ultimately on 19/7/2007, the FIR was lodged, which was registered as Case Crime No.55 of 2007 under Secs. 376, 341, 342, 448, 504 and 323 read with Sec. 34 of the Indian Penal Code and against all the accused persons.

(3.) The Investigating Officer after having concluded the investigation, filed charge-sheet against all the four accused persons under Secs. 376, 341, 342, 448, 504 and 323 read with Sec. 34 of the Indian Penal Code. The Magistrate concerned took cognizance on the charge-sheet and committed the case for trial to the Court of Sessions Judge.