SAHMAN MIAN Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard, Mr. Ranjan Kumar Singh, learned counsel for the appellants and Mr. Vinay Kumar Tiwari, learned Additional Public Prosecutor appearing for the State.

(2.) The instant Criminal appeal is directed against the Judgment of conviction and order of sentence, both dated 17.06.2004, passed by the learned Additional Sessions Judge, Fast Track Court-IV, Deoghar, in Sessions Case No.45 of 1989, whereby both these appellants have been convicted under Sections 451/34 I.P.C., but by the same impugned judgment, these two appellants have been acquitted of the charge, under Sections 376/34 I.P.C. The learned trial court has awarded rigorous imprisonment for 2 years and fine amount of Rs. 1,000.00 each, for the offence committed and punishable under Sections 451/34 I.P.C. and in case of default in payment of fine, to further undergo one month imprisonment each.

(3.) The prosecution case is based upon fardbeyan of one Chameli Devi, before the Officer In-Charge, Karaon Police Station, wherein, the informant has alleged, that on 16.02.1989, at around 10.30 P.M., while the informant along with younger brother, Meghu Pujhar were sleeping in the house, the accused persons were pushing the door of the informant, on hearing the sound of the door, the informant woke up and recognized the voice of Saman @ Sahman Mian (appellant No.1), who was asking to open the door and when the informant did not open the door, then the accused persons abused and threatened them and tried to damage the door. Under such fear, younger brother of the informant, Meghu Pujhar opened the door. The informant has alleged, that Sahman Mian, Kanu Mian and Sanaul Mian were forcibly entering into her house. They dragged the informant, Chameli Devi in the courtyard and locked the younger brother of the informant inside the adjacent room and committed sexual assault upon the informant. After committing crime, the accused persons locked the informant from outside of the house and fled away, in the morning on brawl raised by the informant, mother of informant's and a co-villager, namely, Mahadev Pujhar opened the door and in the meantime, mother of the informant also came to the house, to which the informant disclosed the entire incident. Subsequently, the informant went to maternal uncle's house and thereafter, they met 'Mukhiya' and then on advice by the Mukhiya, the informant went to the Police Station, where her statement was recorded by the Officer in-charge Karaon Police Station.