DHARMESHWAR ORAON Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Mr. A. S. Dayal, learned counsel for the appellant and Manoj Kumar Mishra, learned A.P.P. for the State.

(2.) This appeal is directed against the judgment of conviction and order of sentence dtd. 1/9/2018 (sentence passed on 6/9/2018) passed by Sri Lolark Dubey, learned Additional Sessions Judge I cum Special Judge, Gumla in connection with S. T. No. 260 of 2013 whereby and whereunder the appellant has been convicted for the offences punishable under Ss. 376 and 346 I.P.C. and has been sentenced to undergo rigorous imprisonment for life along with a fine of Rs.20,000.00for the offence under Sec. 376 I.P.C. and in case of default in payment of fine to undergo simple imprisonment for 6 months and rigorous imprisonment for 1 year for the offence under Sec. 346 I.P.C. Both the sentences were directed to run concurrently.

(3.) The prosecution case is based on the written report of the victim - 'X' in which it has been stated that on 21/4/2013 she had gone to graze cattle at 3:00 P.M. and her two younger brothers were also there. At about 5:00 P.M., Dharmeshwar Oraon (appellant) had come and started making small talks with the informant. When the informant went up a hillock in search of a cattle, Dharmeshwar Oraon who was hiding behind a bush had come out and gagged the mouth of the informant, thrown her on the ground, disrobed her and committed rape upon her. At around 1:00 A.M. when the father of the informant and others had come searching for her, the informant was forcibly taken to the house of Lalit, a friend of the accused where she was kept the entire night. Dharmeshwar Oraon had also issued threat of committing the murder of the informant, if she discloses the incident to anyone. It has been stated that today i.e., on 22/4/2013, the informant managed to flee away from the custody of the accused and went to the house of her aunt at village Pogra and disclosed the entire incident to her. On being informed, the father of the informant had come and had taken her to the police station where the written report was submitted. Based on the aforesaid allegations, Raidih P. S. Case No. 23 of 2013 was instituted under Ss. 376 and 346 I.P.C. On completion of investigation, charge-sheet was submitted and after cognizance was taken, the case was committed to the court of Sessions where it was registered as S. T. No. 260 of 2013. Charges were framed against the accused under Ss. 376 and 346 I.P.C. which were read over and explained to him in Hindi to which he pleaded not guilty and claimed to be tried.