RAJESH HANSDA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Mr. Kanti Kumar Ojha, learned counsel appearing on behalf of the appellant and Mr. Tarun Kumar, learned A.P.P. for the State.

(2.) This appeal is directed against the judgment of conviction and the order of sentence dtd. 17/1/2008 passed by learned 2nd Additional Sessions Judge, Pakur in S.C. No. 70 of 2007 arising out of Littipara P.S. Case No. 09 of 2007, corresponding to G.R. No. 123 of 2007 for the offence under Ss. 341/376/379 of the Indian Penal Code to undergo RI for five years under Sec. 376 of the Indian Penal Code, RI for one month under Sec. 341 of the Indian Penal Code and RI for one year under Sec. 379 of the Indian Penal Code alongwith a fine of Rs.5,000.00 and in default of payment of fine further sentenced to undergo R.I. for six months.

(3.) In nutshell, the case of prosecution is based upon the fardbeyan of victim which has been recorded on 23/2/2007 at 09:00 Hours in police station Littipara (Pakur). Victim (PW-9) has allegedly stated therein that on 8/2/2007 she along with her cousin sister (PW-8) at 07:00 AM in the morning went to Kumarbhaga jungle to graze cattle and at about 11:00 O"clock accused/appellant who was known to her started having conversation with her and took her silver necklace and asked her cousin sister to go home, otherwise she would be liquidated. Thereafter, her cousin sister went home and victim started following accused/appellant to get her silver necklace and by that time, it was sunset and she was dragged towards Kumarbhaga Dungri (Chahan) and it was around 08:00-09:00 PM and she was laid down on the ground and accused/appellant forcefully committed rape on her person and as she was weak she could not be able to save her. Both of them were there for whole night and she got scared as accused extended threat that she would be liquidated if she would divulge this fact to anyone, and thereafter he fled away and she also returned back to her home and divulged the incident to her parent. It is further alleged that on next day i.e. 9/2/2007 panchayati was convened and it was decided that accused/appellant would pay Rs.13,000.00 within 15 days, but accused/appellant did not obey the decision of panchayat and extended threat to family members of victim.