SIKANDAR BADHAI @ SIKANDAR SHARMA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This appeal is directed against the judgment of conviction dated 20th November, 2002 and order of sentence dated 23rd November, 2002 passed by Additional Sessions Judge, Fast Track Court No.III, Garhwa in Sessions Trial No.480 of 2000 holding the appellant guilty under Section 376 of the Indian Penal Code and sentenced him to undergo rigorous imprisonment for eight years with fine of Rs.5000/-.

(2.) Heard Mr. Ashish Verma, Amicus Curiae and Mr. Azeemuddin, A.P.P. appearing on behalf of the State.

(3.) The prosecution case, in short, is that the prosecutrix aged about 12 years while going with her aunt Bimal Devi, Basmatiya Devi and Bhagwaniya Devi for planting paddy in the field of Habib Miya at about 10.00 a.m. They reached near Tildag village, and prosecutrix gone for attending call of nature under Peepal tree. Her three aunt went forward and she was left behind. Meanwhile, one person under the threat of murder committed rape upon her in a lonely place and while he was washing hand, she managed to escape. She went to a nearby field where some ladies were working and disclosed the incident. They also searched for the person committed rape but by that time the appellant was not found there. Thereafter, victim returned to her residence and narrated the entire incident to her grandmother Bigni Devi who in turn informed her grandfather Budhu Choudhary. Since it was evening so her grandfather could not go anywhere. On next date, her grandfather went to village Tildag and tried to get knowledge then he was informed that it was the work of Sikandar Badhai who had fled away from the village. After his return, he will be put for identification, on this assurance her grandfather returned from Tildag. Further case is that in the morning i.e. on 20.08.2000 around 10 persons of Tildag village came to her residence and disclosed to her grandfather that they had caught Sikandar Badhai and have kept there. Thereafter, victim along with her grandfather and other villagers went to Tildag where she identified Sikandar Badhai. Her grandfather enquired the name of appellant. The persons present there stated that after much effort, Sikandar Badhai has been caught while he was trying to flee and in that course he also got some injuries. The villagers of Tildag handed over Sikandar Badhai to the villagers of victim. As the area of her village was falling under Chainpur Police Station so they handed over the appellant to the Police. The informant as well as Balmiki Choudhary, Dulari Choudhary have put their thumb impression on it. This fardbeyan was forwarded to Garhwa Police for institution of case under Section 376 of the Indian Penal Code. On that very basis, a formal F.I.R. being Garhwa (Sadar) P.S. Case No.159 of 2000 was instituted on 21.08.2000 under Section 376 of the Indian Penal Code corresponding to G.R. Case No.558 of 2000.