RAMU SANGA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This Criminal Appeal is directed against the judgment of conviction dtd. 20/1/2014 and order of sentence dtd. 23/1/2024 passed by learned Additional Judicial Commissioner-III-cum-FTC (CAW), Ranchi, in Sessions Trial No.707 of 2013, whereby, the appellant has been convicted under Ss. 376(2) (i) of the Indian Penal Code and sentenced for rigorous imprisonment for ten years and fine of Rs.2000.00.

(2.) Learned counsel appearing on behalf of the appellant submitted that the Trial Court has not appreciated the oral evidence properly which led to the conviction of this appellant. In fact, none of the witnesses are the eye witness of the said occurrence and the case is based on circumstantial evidence. Even the mother of the victim is not an eye witness. He further stated that the other witnesses are the hearsay. He also stated that the Investigating Officer has not properly investigated this case and wearing apparels were not sent for FSL Examination. As per him the statement of the child cannot be believed as there are discrepancies in her evidence. From the evidences, it is apparent that the house of the appellant was locked from outside, thus there was no occasion that this appellant would be present inside the house. He lastly stated that all the circumstances, which surfaced during the evidence were not put to the appellant while recording his statement under Sec. 313 Cr.P.C., thus the conviction of this appellant is bad, which needs to be set aside.

(3.) Counsel appearing on behalf of the State submitted that the witnesses have clearly stated that the girl was recovered from the house of this appellant and on hearing the cry of the victim girl from the house of this appellant, the people of the village went to his house and recovered the girl. The statement of the girl clearly establishes the fact of sexual assault, which is also corroborated by the medical evidence, thus this appeal needs to be dismissed.