BHUNA REWANI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The instant Criminal Appeal has been preferred against the judgment of conviction dtd. 11/3/2004 and order of sentence, dtd. 15/3/2004, passed by learned Additional District & Sessions Judge, Fast Track Court- VIII, Giridih, in Sessions Trial Case No. 338 of 1995, whereby the sole appellant has been convicted for the offence committed and punishable under Ss. 376 and 448 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 with a fine of Rs.1000.00 and in case of default in payment of fine, the appellant shall further undergo simple imprisonment for two months and rigorous imprisonment for six months for the offence committed and punishable under Sec. 448 of the Indian Penal Code.. Both the sentences are directed to run concurrently.

(2.) The prosecution case is based upon the fardbeyan of Mukta Devi (P.W. 5), recorded by Satyendra Narayan Singh, Officer-in-Charge, Ahilyapur Police Station, in the district of Giridih on 22/2/1995 (Wednesday) alleging inter alia that yesterday i.e. on 21/2/1995 at around 5.00 PM, mother-in-law of the informant namely Basanti Devi (P.W. 2), went to Ahilaypur Hatiya to purchase some articles and at that time there was no male member in the house. The informant along with her younger sister-in-law, Parwati Devi (P.W. 4) aged about 10 years were in the house. It is alleged that all of a sudden accused Bhuna Rewani and Kishun Rewani came into the house of informant and sent her sisterin-law Parwati to bring betel from the shop. When Parwati went to bring the betel, Bhuna Rewani forcefully committed rape upon the informant against her will. It is alleged that co-accused Kishun Rewani was standing outside the house and has also abused the informant. After the occurrence, the accused persons fled away. Thereafter, the informant raised alarm and came out of her house and went to the house of her sister. The informant has further alleged that Pramod Ram son of Janki Ram gave her threatening with dire consequences and asked the informant not to lodge a case. That is the reason, the information has been given to the police in the morning on 22/2/1995.

(3.) On the basis of the fardbeyan, police has instituted Ahilyapur P.S. Case No. 8 of 1995 dtd. 22/2/1995, under Ss. 376/ 448/34 of the Indian Penal Code against two accused persons namely Bhuna Rewani @ Bhuna Ravani and Kishun Rewani.