ARJUN SAWAIYA Vs. THE STATE OF JHARKHAND

JUDGEMENT

(1.) This Criminal Appeal has been preferred against the judgment of conviction and order of sentence dated 20.09.2008 and 23.09.2008 respectively passed by 1st Additional Sessions Judge, West Singhbhum, Chaibasa in Sessions Trial No. 137 of 2007 whereby and whereunder appellant was convicted u/s 376 IPC and sentenced to undergo R.I. for seven years and to pay a fine of Rs. 10,000/ and in default of it to undergo simple imprisonment of six months. The amount of fine realized was to be paid to the victim as compensation.

(2.) The case of the prosecution case as per fard beyan (Ext.3) of the prosecutrix, P.W. 6 (name concealed) is that on 07.3.2007 at about 5:30 p.m. while she was uprooting linseed (Tissi) crop in her field then her co villager Arjun Sawaiya came to her and seeing her alone caught hold of her and forcibly dragged her to the field of Kiti Purty, just two fields South to her field and laid her down there and after removing her clothes, forcibly raped her and threatened her that if she disclosed the said incident to any one in the house and village, she would be killed. Thereafter, he fled away from there. She came weeping to her house and narrated about the occurrence to her parents. Thereafter, her father informed the village Munda and other villagers about the occurrence and then the village Munda informed the Tant Nagar O.P. Police Station through a man. Thereafter, police officer of Tant Nagar O.P. came to the village and recorded her fard beyan.

(3.) On the basis of her fard beyan (Ext.3) containing the aforesaid allegations, a case was registered as Manjhari P.S. Case no. 08 of 2007. After completion of investigation, a charge sheet was submitted against the accused person and after taking cognizance, the case was committed to the court of Sessions for its trial. Charges was framed against the accused under Section 376 (2) (f) of the Indian Penal Code ( I.P.C .)