NILU MURMU Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The instant Criminal Appeal has been preferred against the judgment of conviction dtd. 22/1/2004 and order of sentence, dtd. 23/1/2004, passed by learned Additional Sessions Judge-IV, Fast Track Court, Jamtara, in Sessions Case No. 38 of 2003, whereby the sole appellant has been convicted for the offence committed and punishable under Ss. 376 and 341 of the Indian Penal Code and has been awarded rigorous imprisonment for seven years for the offence committed and punishable under Sec. 376 of the Indian Penal Code and rigorous imprisonment for one month for the offence committed and punishable under Sec. 341 of the Indian Penal Code and both the sentences are directed to run concurrently.

(2.) The prosecution case is based upon the fardbeyan of Savitri Hansda (P.W. 9) before the Officer-in-Charge, Jamtara Police Station on 27/8/2002 at around 13.00 Hrs. The informant has alleged that while she (after working as a labourer) was returning to her house on 23/8/2002 (Friday) at around 20.00 Hrs., covillager Nilu Murmu @ Milu Murmu caught hold of her and dragged her towards the forest and committed rape upon her. She has further alleged that accused has also threatened to kill her. The informant has stated that one co-villager namely Daroga Baski came for rescue, but he was threatened by the accused and thus, Daroga Baski has fled away. The informant was restrained for whole night and raped against her will by the accused. The victim has subsequently asked the accused to solemnize marriage with her, as he has committed rape upon her but the accused refused to do so. The informant has further stated that accused has taken her to Jamtara station and left her in the train. The victim could not work on that day and returned to her house in the evening and disclosed the matter to her mother and father. They have informed the villagers and subsequently a panchayati was convened, where the people have asked the appellant Nilu Murmu to solemnize marriage with the victim but the accused/appellant has refused. Thereafter, people asked the informant to proceed in accordance with law.

(3.) On the basis of the fardbeyan of the informant-victim, police has instituted Jamtara P.S. Case No. 165 of 2002 dtd. 27/8/2002, under Sec. 376 of the Indian Penal Code against Nilu Murmu @ Milu Murmu.