RATHU RAM MAHATO Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This Criminal Appeal has been preferred against the judgment of conviction and order of sentence dated 10th April, 2003, passed by the 1st Additional Sessions Judge, Seraikella in connection with Sessions Trial no. 342 of 1998 corresponding to G.R. Case no. 506 of 1998, Ichagarh P.S. Case no. 32 of 1998, whereby the appellants have been held guilty for the offences punishable under section 354 of the Indian Penal Code and sentenced to undergo S.I. for one year each and to pay fine of Rs. 5000.00 each and in default further directed to undergo S.I. for fifteen days. Both the sentences were directed to run concurrently.

(2.) The prosecution case arises out of C/1 case no. 47 of 1998 pursuant to which u/s 156 (3) Crimial P.C., the subsequent F.I.R. was registered. The allegation is that PW-6, informant on the date of occurrence, on 14.5.1998 in course of search of her younger son had gone to a nearby well and while returning from there near the house of accused persons, they caught hold of her and dragged her into the room in their house. Lay her on the ground and closed the door. The accused Rathu then threatened her with a farsa blow if she did not allow them to have sexual relationship with her, she will be done to death. It is further stated that then she screamed and made alarm. On hearing alarm raised by her PW-2 Prashant Mahto and PW-4 Ranjeet Mahto came to rescue her and she was saved from being ravished. On the basis of order under section 156(3) Crimial P.C. Ichagarh P.S. Case no. 32 of 1998 dated 13.8.1998 U/S. 354/376/511/34 I.P.C. was registered. After due investigation, charge sheet was submitted and, accordingly, cognizance was taken and case was committed to the Court of Sessions and registered as Sessions Trial no. 342 of 1998.

(3.) The appellants stood charged for the offences punishable under sections 376/511 I.P.C. to which they pleaded not guilty and claimed to be tried. To substantiate the charges the prosecution has examined altogether six witnesses. After conclusion of the trial, learned trial judge held the appellants guilty for the offence punishable u/s 354 Penal Code and inflicted sentences as indicated above.