MUNNA RAVIDASS Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel for the appellant, Mr. P.K. Mukhopadhyay and Mr. Rajesh Kumar Mishra, Addl. Public Prosecutor, appearing for the State.

(2.) The instant Criminal Appeal is directed against the judgment of conviction dated 13.1.2004 and order of sentence dated 14.1.2004 passed by the learned Additional District and Sessions Judge, Fast Track Court-Ill, Dhanbad in Sessions Trial No. 92 of 2003, arising out of Jharia P.S. Case No. 374 of 2002, corresponding G.R. Case No. 2920 of 2002, whereby the sole appellant, Munna Ravidass @ Robins Kumar has been convicted by the learned trial court for offence punishable under Sec. 376 of the Indian Penal Code and awarded rigorous imprisonment for seven years.

(3.) The prosecution case is based upon the written report submitted by Indradeo Paswan (P.W. 6 father of the victim, whose name in not being disclosed), before the Officer Incharge, Jharia Police Station, on 5.11.2002, containing signatures of Indru Devi, Rekha Devi, Baiwati Devi and thumb impressions of Sumitra Devi, Aarti Devi, Rina Devi and Kanti Devi stating therein, that Indradeo Paswan is resident of Bhoga No. 5 and his wife had died ten years ago, leaving behind two daughters (including victim) and one son. The informant has further stated that his elder daughter (victim) is dumb, aged about 14 years and unable to speak. The informant has further stated, that house of Jai Lal Ravidas is situated infront of his house of the informant and Munna Ravidass @ Robins Kumar (appellant) son of Jai Lal Ravidas has committed rape upon his handicapped daughter, due to which victim has pregnancy of seven months, which is known to the entire resident of the Mohalla, panchayati was convened but Jai Lal Ravidas @ Prasad (father of the appellant) and Munna Ravidass (appellant) were not ready to obey decision of the panchayati and they also threatened to go anywhere. The informant has further stated that father of the appellant Jai Lal Ravidas is working in Bharat Coking Coal Limited and informant is a poor person as such, threatening has been given to him.