MAHESHWAR TIGGA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The instant Criminal Appeal has been preferred against the judgment of conviction dated 12.02.2004 and order of sentence, dated 13.02.2004, passed by learned Additional Judicial Commissioner, Fast Track Court No. IV, Ranchi, in Sessions Trial No. 15 of 2000, whereby the sole appellant Maheshwar Tigga has been found guilty for the offence committed and punishable under Sections 376, 323 and 341 of the Indian Penal Code and awarded rigorous imprisonment for seven years with fine of Rs. 5000/-, which shall be payable to the victim and in default in payment of fine, further to undergo rigorous imprisonment for six months. The learned trial court has also awarded rigorous imprisonment for one year for the offence committed and punishable under Section 323 of the Indian Penal Code and simple imprisonment for one month for the offence committed and punishable under Section 341 of the Indian Penal Code. All the sentences are directed to run concurrently. The learned trial court has acquitted the appellant under Section 504/34 and 420/34 of the Indian Penal Code.

(2.) The prosecution case is based upon the written report submitted by the informant Ansu Mala Tigga (P.W. 9), before the Officer-in-Charge, Mandar Police Station in the district of Ranchi on 13.04.1999, alleging therein that Maheshwar Tigga, son of Badhna Uraon, a co-villager of the informant, has committed rape against her will and subsequently assured the informant of solemnizing marriage and thus the relationship between parties continued as husband and wife. Informant has further stated that Maheshwar Tigga is working in Indian Army and three months ago, he came to his home after taking leave from the service and took the informant to his house, where the informant resided for 15 days and was raped and after expiry of his leave, Maheshwar Tigga went to join his service. The informant has further alleged that when her mother went to see her in the house of Maheshwar Tigga, the elder brother of Maheshwar Tigga namely Mohana Tigga @ Oraon younger brother Mahabir Oraon and uncle of the appellant namely Jatiya Oraon @ Bhagat have surrounded them and assaulted the informant and her mother and also dragged the informant out of their house. The informant has further alleged that by cheating her, the appellant Maheshwar Tigga is now solemnizing his marriage on 20.04.1999 at some other place. It is also alleged that on 09.04.1999, in the night Maheshwar Tigga has also committed rape against her will but because of conciliation, the delay has been caused in informing the police.

(3.) On the basis of written report of the informant, police has registered Mandar P.S. Case No. 25 of 1999 dated 13.04.1999, under Sections 376/ 420/ 341/ 323/ 504 of the Indian Penal Code against four accused persons namely Maheshwar Tigga, Mahabir Oraon, Mohana Oraon and Jatiya Oraon @ Bhagat.