DUKHI RAM HANSDA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel for the appellant and learned counsel for the State.

(2.) The instant Criminal appeal has been preferred against Judgment of conviction and order of sentence, both dated 112003, in Sessions Trial No.08 of 2003, passed by the learned Addl. District & Sessions Judge, Fast Track Court-II, Jamshedpur, whereby the sole appellant, Dukhi Ram Hansda has been convicted for the offence punishable under Section 376 of the Indian Penal Code and awarded rigorous imprisonment for seven years.

(3.) The brief facts of the prosecution case is, on the basis of the statement of the informant, Huding Hembram aged about 25 years, who was working as a labour under one Contractor, Bablu Babu at Aambagan, Sakchi. On 01.07.2002 at about 5 P.M., she left Tata for her house, at Village Bhursadih by 407 bus and got down at Gitilata Chowk, which is situated at a distance of 2 K.M. from her village. It is alleged that, while she was going to her home, the accused/appellant started chasing her, caught-hold and dragged her towards the bushes. She made forceful protest and tried to escape but the accused/appellant was stronger, who succeeded in lifting her and caught her wrist and dragged her near the bush and thrashed her on the ground. The accused /appellant first of all, bite on her cheek and started undressing her blouse and molesting her breast. It is alleged by the prosecution, that she raised hulla and her mouth was gagged by the accused/appellant. Her undergarment was also undressed, she was forcibly committed rape by the accused/appellant. It is further alleged, that she was begging, but the accused/appellant did not care and mercilessly committed rape upon her. It is further stated by the prosecution, that the sister of the informant, namely, Bijo Hembram (P.W.4), who got down from another bus, was going ahead, but after hearing the noise of weeping, she came running to her (informant), but before her arrival, the victim/informant has already been raped and the accused fled away by taking help of darkness. Thereafter both the sisters went to their house, at Bhursadih and stated the entire episode to their mother, Rukmani Devi (P.W.5) and brothers, Mutra Hansda, Baburam Hembram and Surai Baskey. Subseqently, they proceeded to Potka Police Station to inform the matter, in the way the Sub Inspector of Police of Potka Police Station, J. K. Thakur met them and recorded the statements of the informant at 10 P.M., on 01.07.2002. On the basis of the 'fardbeyan' of the informant, the Police Registered Potka P.S. Case No.46 of 2002 (dated 01.07.2002), under Section 376 of the Indian Penal Code.