BHOLA RABIDAS Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The appeal is directed against the judgment and order of conviction dated 11.7.2001 pined by Shri Staring Dhar Singh, 5th Additional Sessions Judge, Dhanbad in Sessions Trial No. 354 of 1999 by which the judgment the appellant, Bhola Rabidas was convicted under Sections 376(1), 417 of the Indian Penal Code and sentenced him to undergo R.I. for 7 yearn under Section 366 A of the Indian Penal Code along with a fine of Rs. 5000/- , in addition to 7 years. He was sentenced to undergo R.I. for 7 years and a fine of Rs. 5,000/- and in default for 1 year R.I. under Section 376(1) of the Indian Penal Code He was also sentenced to undergo R.I. for 1 year under Section 417 of the Indian Penal Code. The sentences were directed to run concurrently, but the payment of fine was to be sentenced separately and he was directed to deposit a tine of Rs. 10,000/-, otherwise in default to undergo R. 1 for 2 years more.

(2.) The prosecution case was started on the basis of a Fardbeyan given by P.W.7, Manju Kumari on 13.5.99 stating therein that at about 10 hrs recorded by A.S.I. N.K. Singh of Kendu Police Station She Stated that she was aged about 17 years and in her Mohall the accused. Bhola Rabidas (sic) since last 3-4 months, he always used to tease her and wanted to marry her. On fast 'Saraswati Puja' (sic) lefor marriage at marriage at Katras Temple and there he put vermillion on her head and said that now he is married and took her to the house of his brother-in-law by train and kept her confine in the house of his brother-in-law as his wife and also made sexual relation her. Thereafter, he brought her to her house and left her and said that he will many her again in (sic) of all the members of the society and caste people according to the Bindu Rites Subsequently, he used to visit and used to exploit her sexually. Then, she disclosed this matter to her family member and other neighboring people. Then a Panchyati was called, but the parents of the accused, Bhola Rabidas refused to keep her in their house. On 13.5.99 on her insistence the accused took her to his house, (sic) his parents refused to keep her without dowry then Bhola Rabidas also refused to keep her and ousted from his house. She stated that on the pretext of marriage accused has sexually exploit her and committed rape upon her.

(3.) On the basis of the said F.I.R. police revered a case under Section 376 of the Indian Penal Code and after investigation submitted charge-sheet under Section 366A and 417 of the Indian Penal Code.