BUDHU DAS Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard, learned counsel for the appellant, Mr. Amit Kumar Choubey assisted by Mr. Rajesh Kumar Singh, Advocates and learned counsel for the State, Mr. Suraj Verma, learned Additional Public Prosecutor.

(2.) The instant Criminal appeal is directed against the judgment of conviction dated 16.12.2003 and order of sentence dated 17.12.2003, passed by the learned Additional Sessions Judge, Fast Track Court-III, Gumla, in Sessions Trial No. 215 of 1994, whereby, the sole appellant has been convicted for the offence committed and punishable under Section 354 of the Indian Penal Code, though charge has been framed under section 376 of the Indian Penal Code and awarded Rigours Imprisonment for one year.

(3.) The prosecution case, is based upon, fardbeyan of the informant, Mangri Orain (P.W.2) recorded by Assistant Sub-Inspector, Mr. S. N. Pandey, Gumla Police Station, Gumla, on 16.01.1993 at about 16.15 hrs. at village - Soso, wherein, the informant has stated, that on 13.01.1993, Mangri Orain (P.W.2) had gone to her paternal house at village- Bardih, P.S. Gumla, District -Gumla. On 16.01.1993, she was returning along with her son Dilip Oraon and daughters Soni Kumari and Sona Kumari. When she reached at Gathapahar, P.S. Gumla, District-Gumla at about 10.00 A.M., then accused Budhu Das met her and threw the bundle of clothes kept on her head and also threw the child, who was tied on her back and took her towards the forest. Accused Budhu Das threshed her on the ground and committed rape upon her. Informant cried but no one came as, it was a lonely place. Her son Dilip Oraon was weeping there.