RAM CHANDRA YADAV Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The present appeal is directed against the judgment of conviction and order of sentence dated 23.07.2001 passed by the, 5th Additional Sessions Judge, Dhanbad in S.T. No. 50 of 1991 whereby and whereunder the original appellant, namely, Awadh Raj Yadav was convicted under section 376, 456 and 323 of the Indian Penal Code and sentenced to undergo R.I. of 7 years along with fine of Rs. 5000/- and in default of payment of fine to undergo further R.I. of one year under section 376 I.P.C. in addition to above seven years. The appellant has further been sentenced to undergo one year R.I. under section 456 I.P.C. along with a fine of Rs. 2000/- and in default of payment of fine to undergo one year R.I. in addition to the aforesaid sentence of R.I. Appellant was further sentenced to undergo six months simple imprisonment under section 323 I.P.C. All the aforesaid sentence of rigorous imprisonment was ordered to run concurrently except the respective period of sentence of imprisonment passed in default of payment of fine which shall run consecutively in addition to the aforesaid period of sentence of R.I. of seven years under section 376 of the IPC and RI for one year under section 456 IPC as well as S.I. for six months under section 323 of the IPC.

(2.) Before going forward, here it is pertinent to mention that original appellant, namely, Awadh Raj Yadav died during pendency of this criminal appeal. Therefore, this court by order dated 20.07.2012 allowed the elder broth of the original appellant, namely, Ram Chandra Yadav to pursue this appeal.

(3.) The prosecution case in brief as per the fardbeyan of the informant, victim P.W. 4 (name concealed), a widow lady is that her husband died four years ago. The accused Awadh Raj yadav taking advantage of her husband's death was behind her. Accused did dirty work to her continuously finding the widow alone in her house. The informant to save her image in the society did not disclose the aforesaid illegal act of the accused. The accused continued his said bad affairs and even the accused used to commit house trespass by scaling over the wall of the informant's house and made intercourse with her. After some time the people of the locality knew about the illegal act of forceful intercourse by accused. She raised hulla several times and said to her neighbours that the accused forcibly did bad acts with her. The local people said to accused why he was doing bad act and told the accused to marry with the informant. On this, accused said that he would not marry and keep the informant as his kept. Accused always used to inter into the house and under threat of death, forcibly did dirty act with her. To counter this, informant kept a student of BIT Sindri, namely, Narender Kumar Singh as tenant in her house to keep herself saved. In the night of 25/26 April 1990 at about 11 p.m. the accused came in the courtyard by scaling over the wall of the house of the informant for committing rape. When the accused found Narender Kumar Singh studying inside the house, he enquired as to who he was and there after started assaulting Narender Kr. Singh by foot, slaps and fists. The informant lady protested then she was also assaulted by the accused. When informant raised hulla then accused fled away from the place of occurrence.