BIRENDRA SINGH @ BILU SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THE sole appellant has preferred this appeal against the judgment dated 18.1.2005, passed by Sri N.K. Srivastava learned 1st Additional Sessions Judge -cum -Special Judge, Gumla in S.T. No. 19/2004, whereby the appellant has been found guilty for the offence punishable under Section. 376 of the Indian Penal Code and under Section 3(1)(xii) of the Prevention of Scheduled Caste and Scheduled Tribe Atrocities Act and has been sentenced to undergo rigorous imprisonment for 10 years and also imposed fine of a sum of Rs. 10,000/ - and failing which he was directed to further undergo rigorous imprisonment for one year. And the appellant was further sentenced to undergo rigorous imprisonment for 3 years and a fine of Rs 5,000/ - and if he fails for the same he will have to suffer rigorous imprisonment for 6 months more and sentences will run concurrently except the sentences of fine amount in both counts, will run consecutively. The fine amount on way of compensation if recovered will be paid to the prosecutrix Samita Bara P.W. 1 which will be used in the welfare of the minor prosecutrix Samita Bara P.W. 1 specially in her study.

(2.) COUNSEL of the appellant submits that he has filed an I.A. application i.e. I.A. No. 262 of 2009 for considering the appellant as Juvenile. It is further submitted that in another case I.e. G.A. No. 656 of 2002 arising from Gumla P.S. Case No. 211 of 2002 under Section 25(1 -b)a/26 Arms Act the appellant has been declared Juvenile accepting his date of birth as 18.12.1985 by the order dated 1.4.2003 passed by A.C.J.M., Gumla, the said order has been annexed as Annexure -1 in the aforesaid I.A. application.

(3.) PROSECUTION case in brief is that the informant Sam ita Bara P.W. 1 aged about 14 years daughter of Bijay Bara of village Chaha P.S. and District -Gumla stated before the Gumla police on 30.10.03 at about 11.30 P.M. that when she was washing utensil in her house and she was alone in the house as her mother and father had gone for cutting of the grass in the meantime her village neighbour Birendra Singh alias Bilu Singh came there and demanded water for drinking. The prosecutrix went inside the house to bring the water. The appellant also followed her and caught her inside the house and forcibly got down on the Chauki and thereafter forcibly committed rape on her. After commission of the rape, the appellant threatened her that if she tells anybody this fact, she will be killed by him. Her mother and father returned back in the evening but the prosecutrix did not tell them due to fear in the said evening but on the next morning she disclosed the said matter to them. Thereafter, on the same day at about 11.30 A.M. this case was lodged and after investigation, I.O. submitted the charge -sheet against the sole appellant.