RAMBALI SAO Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This Criminal Appeal has been preferred against the judgment of conviction and order of sentence dtd. 12/3/2003 passed by Additional Sessions Judge, Fast Track Court, No. 1 Chatra in connection with S.T. Case No. 45 of 1989 arising out of Basisthanagar P.S. Case No. 27 of 1988 whereby and whereunder appellant has been convicted for the offence u/s. 376, I.P.C. and has been sentenced to undergo R.I. for seven years.

(2.) The case of the prosecution as per fardbeyan of P.W.-5 informant/victim is that on 16/8/88 at 6 a.m. in the morning the victim was going to call the labourer for transplanting the paddy crop. When she reached near the forest of Junki village accused Ram Bali Teli came from the bushes and caught her hand and tried to open her sari. The accused threatened and committed rape with the victim. She was feeling pain and started weeping. The accused committed rape up to 2-3 minutes with the victim. Then accused threatened the victim that she will be killed if she opened her mouth. While the victim was weeping Mahavir Bhuiyan P.W.-7, who had come for grazing goats came there. The victim narrated the entire story and told him that accused Ram Bali Teli committed rape with, her. Mahavir Bhuiyan found Ram Bali Teli going to his house. It is further alleged that she came to her house and narrated the entire occurrence to her mother. It was raining then after the rains ceased the victim came with her mother to the Police Station and gave her statement to the police. She also handed over the sari in which the semen was found.

(3.) On the basis of the fardbeyan of informant, Bashisth Nagar P.S. Case No. 27 of 1988 was registered. Investigation was conducted and charge sheet was submitted against the accused. Cognizance was taken and the case was committed to the court of Sessions. Charge was framed against the sole accused u/s. 376, IPC. The accused pleaded not guilty and claimed to be tried.