SURENDRA SAH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Challenge in this appeal is to the judgment of conviction and order of sentence dated 17.1.2003 passed by the learned Additional Sessions Judge, FTC -IV, Bokaro, in Sessions Trial No. 47 of 2002 whereby and whereunder the appellant has been convicted under Ss. 366 -A and 376 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for seven years on each count. The prosecution case which is based on the fardbeyan of the informant Rubi Kumari, in short, is that on 12.5.2001 she had gone to the house of her Phupha Deolal Sah at Ritudih, PS -Marafari to attend the marriage function and on the night of 21.5.2001 at about 10.30 p.m. when she went out to attend the call of nature, the present appellant Surendra Sah @ Dablu along with one of his companion came there and forcibly kidnapped her by gagging her mouth and brought her to Jodhadih More in a tempo and kept her in a house and both of them had committed rape upon her. It is also alleged that in the next morning they wanted to take her to Jamshedpur by bus, but at the bus stand she saw her grandfather, who was a "sattu" vendor and raised alarm whereafter her grandfather came and rescued her and took her to the house.

(2.) The prosecution examined altogether six witnesses; out of them, PW -1 is Dr. Roji Shankar, PW -2 Deolal Sah, PW -3 is Sheela Devi, who is the wife of PW -2, PW -4 is Rubi Kumari, the victim girl; PW -5 is father of the victim girl and PW -6 is Bhagwan Saw, the grandfather of the victim girl.

(3.) The trial court after going through the evidence on record convicted the appellant in the manner as stated above. Hence this appeal.