ASHOK KUMHAR @ KUMAR Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The appellant assails in this appeal the judgment of the Sessions Judge, Seraikella Kharswan delivered on 22nd January, 2015 in Sessions Trial No. 60 of 2012 holding him guilty of having committed offence under Section 376(2)(g) of the Indian Penal Code, 1860. The victim was related to her, being the wife of his father's brother.

(2.) The date of occurrence of the incident is past midnight of th October, 2011. Case was started against the appellant on complaint made by the victim on 8th October, 2011, which was registered as FIR No. 34/11. This FIR, along with the complaint has been marked as Ext.3 in the Trial. In the complaint in writing, on the basis of which the FIR was registered, the victim informant stated that on 4th October, 2011 at about 1:00 am the appellant Ashok Kumar had got the door of her house opened and entered therein. At that point of time, as per her statement, she also saw Dhuchu Majhi, Riday Kumar and Ketap Kumar with him. Ashok Kumar and Dhuchu Majhi commanded her to keep quite on the threat of shooting her and thereafter two of them i.e. Ashok Kumar and Dhuchu Majhi had committed rape upon her. She further stated that Ketap Kumar and Riday Kumar were standing at the door. She alleged that Ketap Kumar and Riday Kumar had stolen one brass kalash (Water Pot). Prior to that, she stated in her complaint that they had stolen two cycles, three gold mahar and Rs. 40,000/-. Charge-sheet, however, was submitted against the appellant and Dhuchu Majhi only.

(3.) We are apprised by the learned Advocate for the State that Dhuchu Majhi had been absconding and hence there was direction for split up trial. In the trial, the appellant having been found guilty of committing offence under Section 376(2)(g) of the Code was sentenced to undergo rigorous imprisonment of ten years and also to pay fine of Rs. 2000/-. In case of default in payment of fine, simple imprisonment for a further period of two months was prescribed.