AGNU KHARIA & ANOTHER Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This appeal is directed against the judgment and order of conviction and sentence dated 18-10-2004 passed by Sri Braj Kishore Pandey, learned Sessions Judge, Simdega in S.T. No. 173 of 2001 whereby and where under, the appellants have been found guilty for the offences punishable under Sections 366 and 376(2)(g) of the Indian Penal Code and have been sentenced to undergo rigorous imprisonment for seven years for the offences committed under Sec. 366 of the Indian Penal Code and has further been sentenced to undergo rigorous imprisonment for ten years for the offences under Sec. 376(2)(g) of the Indian Penal Code and both the sentences are to run concurrently.

(2.) The prosecution story in brief is that at about 8.00 p.m. on 12-11-2000 the accused persons approached the informant (P.W. 1) in a scooter and asked her to accompany them as her sister and brother-in-law have called her at Lachragarh. It has further been alleged that on their saying the victim accompanies them and the appellant No. 1 threatened her on the point of knife to sit quietly in the scooter otherwise she will be done to death. It has further been alleged that thereafter the accused persons took her to Jaldega Ras Mela where the performances were witnessed through out the night and on the following day at about 1.00 p.m. they took her to Kumlata Jungle where on the point of knife the victim was detained by the appellants for about eight days and during this period, she was subjected to rape. It has further been alleged that on 21-11-2000 the appellants left her in the forest on the pretext of bringing food but after their departure the victim ran away from the forest and came to Bano Station where she stayed in the house of her uncle Bhakru Singh for sometime. It has also been alleged that on 28-11-2000 P.W. 7, Satnam Singh, who is her brother-in-law took her to his house where she gave her statement before the Panches and, thereafter, on 29-11-2000 her statement was recorded by the Officer-in-charge, Kolebira Police Station and an FIR was instituted.

(3.) Investigation commenced on the allegations made by the victim and finding the case to be true the same culminated in submission of charge-sheet to which cognizance was taken and, thereafter, the case was committed to the Court of Sessions where the charges were framed against the appellants for the offences punishable under Sections 366A and 376(2)(g) of the Indian Penal Code to which the appellants pleaded not guilty and claimed to be tried.