KHENA KAIBARTA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned amicus curiae appointed by the Court for the appellant, and learned counsel for the State.

(2.) The sole appellant is aggrieved by the impugned Judgment of conviction dated 5th December, 2007 and Order of sentence dated 10th December, 2007, passed by the learned 1st Addl. Sessions Judge, Seraikella, in Sessions Trial No. 187 of 2005, whereby, the appellant has been found guilty for the offences under Sections 302 and 376(2)(f) of the Indian Penal Code. Upon hearing the point of sentence, the appellant has been sentenced to undergo R.I. for life and fine of Rs.10,000/- for each of the offences, and both the sentences were directed to be run concurrently.

(3.) The prosecution case was instituted on the basis of the fardbeyan of the informant Tilak Toma Kaibarto, the mother of the deceased girl, recorded at her house on 25.09.2005 at 4:00 AM, wherein she has stated that on the previous day, i.e., 24.09.2005, her daughter, aged about 9 years, had gone to take bath in the pond at about 1:00 PM. When her daughter did not return back for a long time, she went to the pond and found that her daughter was taking bath and the accused Khena Kaibarta was sitting on the bank nearby and was eating cucumber. She told her daughter to return back early, and went towards the fields. When she was returning back, she did not find her daughter in the pond, nor the accused was there. She came to her house and did not find her daughter even at the house. By that time, it was about 6:00 PM. She started searching her daughter with the help of some villagers and she could find the dead body of her daughter in the pond, and there was bleeding in her private parts. She brought the dead body to her house. Claiming that the accused had committed rape and murder of her daughter, she gave the fardbeyan to the police, on the basis of which Gamharia P.S. Case No. 98 of 2005, corresponding to G.R. No. 783 of 2005, was instituted against the accused for the offences under Sections 376 and 302 of the Indian Penal Code, and investigation was taken up. After investigation, the police submitted the charge-sheet against the accused.