DHANIRAM SARDAR Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Mrs. Priya Shreshta, learned Amicus Curiae and Mr. Rajnish Vardhan, learned Additional Public Prosecutor appearing for the State.

(2.) The instant Criminal appeal is directed against the Judgment of conviction dated 05.01.2004 and order of sentence dated 07.01.2004, passed by the learned 1st Additional Sessions Judge, Jamshedpur, in Sessions Trial No.119 of 2003, whereby the sole appellant, Dhaniram Sardar has been convicted for the offence committed and punishable under Section 376 of the Indian Penal Code and awarded rigorous imprisonment for seven years with a fine of Rs.1,000/- and in case of default in payment of fine, to undergo further rigorous imprisonment for six months.

(3.) The prosecution case, is based upon, written report, submitted by the informant, Kumari Lata Rani Sardar (P.W.5) before the Officer-in-Charge, Potka Police Station, alleging therein that recently she has appeared in the Matriculation Examination. It has been alleged that on 26.08.2002 at around 8 a.m., Dhaniram Sardar (appellant) came to her house, informed her about a job in College on monthly salary of Rs.4,000/-. It is further alleged that the informant being an educated unemployed girl was asked by the appellant to come to his house along with her certificate. The informant went there and thereafter the accused asked her that she has to obey his order and closed the door and caught-hold the informant in his arms with an intention to commit rape by thrashing her on the cot. It is further alleged that the accused was trying to remove skirt and shirt by gauging her mouth with an intention to commit rape by climbing over the informant. The informant's clothes got torn. In the meantime, the informant raised brawl, on which Paresh Sardar (P.W.1), Jai Pal Sardar (P.W.2) and Ram Jai Sardar (P.W.4) came there and thus, she was saved from rape by the appellant. The informant has further alleged that Dhaniram Sardar (appellant) took out vermilion and put on her head and said that she is his wife. The informant has further alleged that Dhaniram Sardar (appellant) has earlier married twice and has nine children. The informant has claimed that the age of the appellant is similar to the age of her father. The informant has further stated that because of the distance and rainy season, she could not come to the Police Station on Monday.