ABHAY KUMAR SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) I have already heard the arguments advanced by Mr. Saibal Mitra with Mr. Akshay Kumar Mahato, learned counsels appearing for the appellant as well as Mr. Vineet Kumar Vashistha, learned Spl. P.P. appearing for the State.

(2.) The present appeal is directed against the judgment and order of conviction and sentence dtd. 30/1/2006 and 31/1/2006 passed by learned Sessions Judge, SeraikellaKharsawan in S.T. No.136 of 2004 whereby and whereunder, the sole appellant has been held guilty for the offences under Ss. 366A and 376 of Indian Penal Code and sentenced to undergo R.I. for 7 years with fine of Rs.2,000.00 for the offence punishable under Sec. 366A of the I.P.C. and R.I. for 8 years with fine of Rs.3,000.00 for the offence punishable under Sec. 376 of I.P.C. with default stipulation. Both the sentences were directed to run concurrently.

(3.) Factual matrix giving rise to this appeal as per the written report dtd. 23/10/2004, is that the prosecutrix aged about 15 years, had gone to the matrimonial home of her elder sister at Village Kadla and was staying there since last one month owing to her illness and for treatment. The prosecutrix was acquainted with the present appellant Jai Prakash Singh prior to the occurrence because he has also his relation adjacent to the house of her elder sister and used to frequently visit there and the accused appellant used to work in the capacity of Munsi at Sikli in a brick kiln. It is further alleged that on 16/10/2004 at about 09:30 A.M. (Saturday), while the prosecutrix was alone in the house, the accused came to the sister's house of the prosecutrix and told that her mother is ill and asked her to accompany him on motorcycle to visit her mother. The prosecutrix relied upon the version of accused and boarded on the motorcycle but instead of taking her to, at her village, the accused was taking her towards another road, then she asked him as to where he was going with her ? Upon this, he replied that her mother has been admitted in Tata Hospital at Jamshedpur and he is going there. It is further alleged that instead of taking her to Tata Hospital at Jamshedpur, the accused brought her to unknown village and kept her confined in a house and extended her threat of life and forcibly committed rape on her continuously for six days. When prosecutrix protested then she was slapped and threatened of dire consequences and also assured to solemnize marriage with her. It is further alleged that on 23/10/2004 at about 07:00 A.M., father, sister and brotherin-law of the prosecutrix along with other co-villagers arrived at the place where she was confined by the accused and they caught hold of the accused who disclosed his name as Jai Prakash Singh son of Charitra Singh resident of Village Sikli, P.S. Chandil, District Seraikella at Kharsawan. The prosecutrix and the accused were brought to police station where she lodged written report which was scribed by one Balram Gope (P.W. 6) and after reading over the contents, she put her signature.