BANDHAN MIAN Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard, learned counsel for the appellant, Mr. Shree Nivas Roy and Mr. Suraj Mohan, Additional Public Prosecutor, on behalf of the State.

(2.) The instant Criminal Appeal is directed against the judgment of conviction dated 15.12003 and order of sentence dated 18.12003 passed by learned Additional Sessions Judge, Fast Track Court VII, Giridih in Sessions Trial No.102 of 1991, arising out of Dhanwar P.S. Case No. 41 of 1990 (G.R. Case No.395 of 1990), whereby the learned trial court has found the appellant guilty under Sections 376 and 323 of the Indian Penal Code. The learned Trial Court has awarded rigorous imprisonment for seven years and fine of Rs. 2000.00, in case of default of fine further rigorous imprisonment for three months for offence committed under Sec. 376 of the Indian Penal Code. The learned Trial Court has also awarded sentence under Sec. 323 for rigorous imprisonment for three months and fine of Rs. 500.00 in case of default of fine further rigorous imprisonment one month. Both the sentences are directed to run concurrently.

(3.) The prosecution case is based upon the fardbeyan of victim, (whose name is not being disclosed) w/o Hussain Mian, on 02.01990 at 9 A.M. in presence of Choukidar (Heman Mahto) and mother Amna Khatoon and villagers Laljit Paswan and Sukhdeo Paswan, recorded by the officer in-charge, Dhanwar Police Station where the informant has alleged that, on previous night i.e. 01.01990, her son Md. Akhtar, aged about 10 years was sleeping with her, as her husband was working in Calcutta. Her son asked to help him in attending the call of nature, the informant took a lantern and went along with his son, who sat for attending the call of nature beside the road. The informant has further stated, that in the meantime Bandhan Mian, who is her cousin-in-law came from the north side and forcefully thrashed the informant on the road, inserted cloth in her mouth and after lifting the sari and petticoat above the waist, the informant tried to raise alarm/brawl, the appellant assaulted on her face by fist, which has caused injury below the left eye and thereafter the informant committed sexual intercourse with the informant forcefully, her son started crying because of fear and after committing the sexual intercourse the Bandhan Mian went to his house. The informant has stated, that the semen stain was found on the sari and petticoat and also the soil of the road has stained her cloth. The informant has stated, that after hearing the cry of her son, aforesaid named co-villagers came and whom the occurrence has been disclosed. The informant has claimed, that Bandhan Mian has forcibly committed rape upon her and also caused injury.