MAYA ORAON Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Mr. Suraj Kumar, learned counsel appearing for the appellant and Mr. Rajesh Kumar, learned A.P.P. for the State.

(2.) This appeal is directed against the judgement and order of conviction and sentence dtd. 1/8/2017 (sentence passed on 2/8/2017) passed by Shri Anil Kumar Singh No. II, the learned Additional Sessions Judge-I, Lohardaga in S.T. Case No. 27/11, whereby and whereunder the appellant has been convicted for the offence punishable under Sec. 376 IPC and has been sentenced to R.I. for ten years along with a fine of Rs.10,000.00 and in default in payment of fine to further undergo rigorous imprisonment for ten months.

(3.) Initially a complaint case was lodged by Railo Orain against three accused persons wherein it has been stated that her daughter (hereinafter referred to as X) is aged about 16 years and is deaf and dumb. For the purposes of digging an irrigation well, Mangra Oraon had come to her village along with a labour Fagu Oraon and after a few months, Maya Oraon (appellant) son of Fagu Oraon came to take money from his father. Maya Oraon had thereafter come on several occasions to her village and also resided in her house for 2-3 days. It has been alleged that Maya Oraon on the pretext of marriage had committed rape upon her daughter. In course of treatment of Filaria of her daughter she came to know on 8/9/9 that her daughter is pregnant and on 23/9/9 she gave birth to a child. On being confronted, Maya Oraon had accepted the fact that he had established physical relationship with the daughter of the complainant. After a few days, Maya Oraon had called her to his village for settlement and when the complainant visited village-Ithe, the uncle's of Maya Oraon claiming themselves to be belonging to an extremist group had threatened her. She thereafter returned back to her village and went to Kisko P.S. to lodge a case but when no action was taken by the police she had instituted a complaint case.