SADANAND PATRO Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel for the appellant and learned Addl. PP for the State.

(2.) This appeal has been preferred by the appellant against the Judgment of conviction dated 19.04.2004 and order of sentence dated 21.04.2004 passed by the 1st Additional Sessions Judge, Jamshedpur, in S.T. No. 212 of 2003,Whereby and whereunder, the court below has convicted the sole appellant for the offence punishable under section 376 of the I.P.C and Section 3(1) (xii) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 and sentenced him to undergo R.I. for seven years for the offence punishable under Section 376 of the I.P.C, R.I. for one year for the offence punishable under Section 3(1) (xii) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

(3.) The prosecution based on the fardbeyan of the informant is that in the intervening night of 16-17th March, 2003 in village Narge, Tola Baridih, a drama programme was being held in connection with celebrating the Bahe festival and the victim also went there to watch the drama programme. During the said programme, she went to attend the call of nature behind a truck parked near the place of occurrence. It is alleged that the appellant went there and caught hold of the informant and the forcibly took her towards Putush shrubs and committed rape on her. The victim raised alarm. Thereupon the members of the Committee, which was organizing the drama programme, arrived there and brought both the victim and the appellant before the members of the committee. After some time, eight to ten persons came to the place of occurrence and forcibly took away the appellant. On receiving information Mango police arrived at village Narga Tola, Saridih and recorded fardbeyan of prosecutrix and basing upon the same Mango (M.G.M.) P.S. case No. 62 of 2003 corresponding to G.R. No. 458 of 2003 was registered and the police took up investigation of the case. After completion of the investigation, the police submitted charge sheet and the case was committed to the court of Sessions. Charge for the offence punishable under Section 376 I.P.C. and Section 3(1) (xii) of the Scheduled Castes and Schedules Tribes (Prevention of Atrocities) Act, 1989 was framed and upon the appellant denying the charges, he was put to trial.