RAMAY HONHAGA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This criminal appeal is preferred on behalf of appellant Ramay Honhaga against the State of Jharkhand under Sec. 374(1) of Criminal Procedure Code, 1973 against the judgment of conviction dtd. 24/9/2011 and order of sentence dtd. 27/9/2011 passed by the learned 1st Assistant Sessions Judge, West Singhbhum, Chaibasa whereby the appellant had been convicted and sentenced with regourous imprisonment for 8 years and a fine of Rs.10,000.00 (Ten Thousand) and in default of payment of fine he was directed to undergo further additional imprisonment of 6 months for the charge under Sec. 376 of the Indian Penal Code in S.T. Case No. 72 of 2008 arising out of Sonua P.S. Case No. 67 of 2007.

(2.) The brief facts of prosecution case leading to this criminal appeal are that the informant victim lodged the FIR with these allegations that the son-in-law of Birbal Angariya of her village namely, Ramay Honhaga, resident of Kapil Police Station Sonua, District West Singhbhum, on last monday 17/12/2017 around 4:00 pm in the evening, came to her house. At that time, she was alone at her house. Her parents had gone to Raurkella for labour work. Her elder sister Lalita Angariya had gone to reap paddy and she was tying the cow and bullocks in her cow-shade. Ramay Honhaga having seen her alone in a solitude place in the Guhal, he caught hold of her, he closed her mouth with the hand and on the point of the knife, he dropped her on the ground and committed rape. When she wanted to raise alarm he criminally intimidated her to finish her life. She became frightened; thereafter Ramay Honhaga went to his house in village Kapil. After sometime at 5:00 pm in the evening, her elder sister Lalita Angariya had come after having reaped the paddy and she told in regard to the occurrence to her sister. Her sister told in regard to the same to her parents over the phone who were in Raurkela. Her parents came to the house and he went to the house of village munda to tell him in regard to the occurrence. He also told in regard to the occurrence to the in-laws of Ramay Honhaga. The queries were made in regard to the same thereafter village munda and her parents also went to the house of Ramay Honhaga in the village Kapil. Ramay Honhaga fled away from there. There was delay in lodging the FIR because her parents had come from Raurkela after having come to know in regard to the occurrence thereafter he made queries in which the delay had occurred. She had washed her cloth on account of ignorance. From this written information of victim, the case crime no.67 of 2007 was registered with the Police Station Sonua District West Singhbhum against the accused Ramay Honhaga under Sec. 376 of IPC. The investigating officer after having concluded the investigation filed charge-sheet against the accused Ramay Honhaga under Sec. 376 of IPC to the learned Magistrate concerned on 15/2/2008. The Magistrate concerned took cognizance on the charge-sheet and committed the case to the court of the learned Sessions Judge, West Singhbhum because the offence was triable by the court of sessions.

(3.) The court of Sessions Judge transferred this case to the court of 1st Assistant Sessions Judge, Chaibasa. The charge was framed against the accused Ramay Honhaga by the trial court who denied the charge and claimed for trial.