PAMELA KUJUR Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Both these appeals arise out of the same judgment passed in Session Trial No. 407 of 1996 and appellants were tried together and convicted under Sections 316/34 as well as under Section 120-B of the Indian Penal Code, therefore, both the appeals are heard together and are being disposed of by this common Judgment.

(2.) The prosecution case in short is that fardbeyan of Ahilya Kumari, daughter of Sanatan Pradhan of Dhadkidih, P.S. Karaikela, District West Singhbhum was recorded on 04.05.1996 at 5.00 a.m. by S.I. R.Maharaj of Karaikela Police Station. The informant Ahilya Kumari in presence of covillagers Ajay Pradhan, Ashok Pradhan, Ranjit Pradhan, Purushottam Pradhan, Jogeshwar Pradhan and maternal uncle Haripad Pradhan came to Police Station and gave fardbeyan that she had love affairs with co-villager Ganesh Pradhan which was continuing since last Durga Puja (in the month of October) and Ganesh Pradhan had promised to marry her. He was making intercourse as a result of which she became pregnant and started pressurizing for marriage. On 30.04.1996 at around 8.00 p.m. Ganesh Pradhan abducted her from her house and took her to villager Katua, P.S. Chakradharpur on a bicycle which is a place where the Sasural of Trilochan Pradhan, elder brother of Ganesh Pradhan, is situated. He kept her in the residence of Chaturbhuj Pradhan and Madhu Pradhan, who are sala (brother-in-law) of his elder brother Trilochan Pradhan. The further case is that on 01.05.1996, Wednesday, in the evening around 7.00 p.m. his lover Ganesh Pradhan took her on a richshaw to the hospital of Dr. Oly at Chakradharpur along with Trilochan Pradhan, Kaushik Pradhan, Tanaiya Devi, Madhu Pradhan and Chaturbhuj Pradhan. Dr. Oly refused to entertain them and then they returned back to the village. Next day i.e. on 005.1996 in the morning of Thursday, at around 8.00 a.m. they along with those persons and his lover visited to the residence of lady Dr. P.Kujur where Rs.1200/- was given for her abortion. Thereafter, the lady Doctor gave ten injections as a result of which she became unconscious. She is not aware what was done thereafter by the lady Doctor. Today i.e. on 04.05.1996 on Saturday morning, when she regained consciousness, she felt pain in her stomach and the waist area and the bleeding was going on. Lady Doctor gave her some medicines and after keeping for the day long, the Doctor discharged her in the evening. She returned from Chakradharpur by rickshaw along with the above named persons and then around 7-8 p.m. she was left to her house and was threatened that if the matter would be reported to the Police, then they will kill her. Her father Sanatan Pradhan and other co-villagers are witness to this incident. Her statement was read over before the witnesses Haripad Pradhan and Rajni Pradhan and after finding it correct, she put her L.T.I. over it in presence of these witnesses. Thereafter, Bandgaon P.S. Case No. 20 of 1996 dated 04.05.1996 under Sections 316/493/34 of the Indian Penal Code was registered and a formal F.I.R. was drawn up with G.R. No. 127 of 1996. After investigation, chargesheet was submitted against the accusedappellants under Section 316, 493, 34, 365, 366, 376, 109 and 120B I.P.C.

(3.) After commitment of the case, charge was framed upon both the appellants for the offence under Section 316/34, 365 and 120-B of the Indian Penal Code to which the appellants pleaded not guilty and claimed to be tried. Then the trial started.