DADI BABU HANSDA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Mr. Ravi Kerketta, learned counsel appearing for the appellant in Cr. Appeal (DB) No. 121 of 2015 and Mr. B.N. Rajak, learned counsel for the appellant in Cr. Appeal (DB) No. 777 of 2014 and Mrs. Lily Sahay, learned A.P.P. appearing for the State in both the cases.

(2.) These appeals are directed against the common judgment of conviction dated 04.07.2014 and order of sentence dated 05.07.2014 passed by Sri Satya Prakash Sinha, learned Addl. Sessions Judge-I, FTC, Jamshedpur, in Sessions Trial No. 19 of 2012 whereby and whereunder, the appellant has been convicted for the offence under Section 376 (2)(g) of the Indian Penal Code and has been sentenced to undergo rigorous imprisonment for 10 years for the offence under Section 376(2)(g) of the Indian Penal Code along with a fine of Rs. 5,000/- each.

(3.) The first information report was instituted on the basis of the statement of Suna Ram Soren (P.W.3) in which he has stated that on 11.06.2011, he had gone to Bagedih, Orissa for treatment of his wife and had left his two daughters in their maternal uncle's house. His eldest daughter was alone in the house. At about 9.00 P.M., three persons namely, Bablu Murmu, Dadi Babu Hansda and Doctor Hansda had induced her and by taking her to a lonely place and committed rape upon her. It has been alleged that he returned on 12.06.2011, but he was not told about the occurrence by his daughter regarding the incident as she was threatened with dire consequences if the incident was disclosed. He received information about the occurrence on 22.06.2011 and thereafter, went to the village head, who advised him to approach the police and subsequent thereto, the first information report was instituted.