SULENDAR SAHU @ SURENDER SAHU Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The appeal is directed against the judgment dated 5.9.2001 and order of sentence dated 6.9.2001 passed by Shri R.P. Shrivastava, IVth Additional Judicial Commissioner, Ranchi in Sessions Trial No. 498 of 1999, by which judgment the learned Sessions Judge found the appellant guilty under Section 376 of the Indian Penal Code and convicted him thereunder and sentenced him to undergo R.I. for 10 years.

(2.) THE prosecution case was started on the basis of a fardbeyan given by the informant, Leela Kumari on 12.3.99 stating therein that she is aged about 15 years and her parents work as labourers and they used to do labour works outside her house and the victim alone used to live in her house. On 8.10.98 when she was alone in her house then accused, Sulendra Sahu @ Surendra Sahu came to her house and wanted to drink water. When, she was going inside the house for bringing water then the accused brought out a knife and at the point of knife he committed rape upon her. She wanted to raise 'hullah' but at the point of knife he threatened her to commit her murder. After rape the accused said that he will marry her and hence she did not disclose the occurrence to anybody. She stated thereafter on assurance of marriage he committed rape upon her several times. When, the accused postponed the proposal of marriage then she informed her parents. Then her parents informed the villagers about the incident of rape and on 10.3.99 a Panchayati was held and in that Panchayati the accused, Sulendar Sahu @ Surendar Sahu refused to marry her, then Panches asked her to lodge a case.

(3.) IT is submitted by the learned counsel for the appellant that it will appear from the statement of the victim girl as given in the F.I R. as also in Court when she was examined as P.W. 1 that right from 8.10.88 she had sexual intercourse with the accused and she did not disclose the matter to anybody till 10.3.89 i.e. about 5 months and as such the conviction of the appellant under Section 376 of the Indian Penal Code is bad in law and fit to be set aside. Learned counsel relied upon a decision reported in (2003)4 Supreme/ Court Cases 46 wherein it was held that if consent is present from the facts and circumstances of the case then case under. Section 376 of the Indian Penal Code is not made out.