AMARNATH MAHTO Vs. THE STATE OF JHARKHAND

JUDGEMENT

(1.) The appellant was put on trial on the accusation of committing rape upon the victim. The court, having found the charge being proved, convicted the appellant under Sec. 376 of the Indian Penal Code vide its judgment dated 15.4.2013 and sentenced him to undergo rigorous imprisonment for ten years and also to pay a fine of Rs. 20,000/ - and in default to undergo simple imprisonment for one year. The case of the prosecution, as has been made out in the written report (Ext. -2), is that on 26.7.2012, while Chirni Devi (P.W. 2) the mother of the victim (P.W. 3) and other family members had gone to Village -Lilori to attend the marriage ceremony, the victim (P.W. 3) was alone in the house. At 6.00 p.m., this appellant, the cousin of the victim, residing in the neighborhood, working in C.R.P.F., came to her house and had had talk with her. During that course, she told him that she is alone, as her mother and other family members have gone to other village to attend marriage. When she came inside the house, the appellant also followed her. All on a sudden, the appellant caught hold of her and made her to fall over a cot and then committed rape upon her. During that course, Chirni Devi (P.W. 2), the mother of the victim reached home and knocked the door but she could not respond, as she was under pain. Meanwhile, the appellant opened the door and fled away. When her mother came inside the room, she told about the occurrence to her mother. Thereafter, her mother took her to the house of the appellant and then told all about it to the mother of the appellant, who, upon hearing, started abusing her and also held out threat not to speak out to anyone. On the next day i.e. 27.7.2012 at 6 a.m., the mother of the appellant and her two sons came and again held out threat.

(2.) On 28.7.2012, Chirni Devi (P.W. 2) -the mother of victim, took her to the house of Mukhia, who, along with one Naresh Kumar Mahto came to police station where a written report (Ext. -2) written Dy Mukhia was submitted to the Officer -in -Charge of Tetulmari Police Station. The said written report was forwarded to Katras Police Station for institution of the case, upon which Katras (Tetulmari) P.S. Case No. 181 of 2012 was registered under Sec. 376 of the Indian Penal Code. The matter was taken up for investigation, initially by some other officer, which was taken over subsequently by Ram Niwas Singh -P.W. 6, who seized under paint of the victim under a seizure list (Ext. -3).

(3.) The I.O. got the victim examined by Dr. Sudha Singh (P.W. 1), who upon examining the victim, did find hymen torn, Vagina admitting two fingers over no injury was found. Spermatozoa was not found. Upon radiological examination, age of the victim was found to be 18 years. No external injury was found. However, opinion was given to the effect that sexual intercourse appears to have been made. The report of the doctor has been admitted into evidence as Ext. -1.