HIPPI SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The appeal is directed against the judgment of conviction and sentence dated 7.2.2001 passed by Shri Sitaram Mahto, 2nd Additional Sessions Judge, Seraikella in Sessions Trial No. 235 of 1998 by which judgment the learned Sessions Judge found the appellant, Hippi Singh guilty under Section 376 of the Indian Penal Code and sentenced him to undergo R.I. for seven years.

(2.) The prosecution case was started on the basis of a fardbeyan given by the victim girl, Pinita Kumari (P.W.1) on 19.6.1997 stating therein that on 17.6.1997 at about 2.30 p.m. she had gone to the tank situated by the side of the factory in order to take bath along with her village friends, Poki, Koki and Siding. In that pond their co-villager, the appellant, Hippi Singh was also catching fishing from before. When she was picking up snails at that time, the appellant, Hippi Singh came and took her inside the factory. Then, she started weeping and shouting for help, but the accused- appellant committed rape upon her inside the factory. Afterward, she was threatened that if she disclosed the occurrence to anybody else she would be killed. Out of fear she did not disclose the occurrence to anybody, but her friends, Poki, Koki told the occurrence to Ratni Kumari and other villagers. When her elder sister enquired from her then she narrated the entire story to her. On the next day she along with her sister went to the police station and gave her fardbeyan.

(3.) On the basis of the said fardbeyan the police registered a case under Sections 376 of the Indian Penal Code and after investigation submitted charge-sheet under Section 376 of the Indian Penal Code. Since, the case was exclusively triable by the court of sessions , learned Magistrate after taking cognizance of the case committed the same to the court of sessions. Subsequently, the case was transferred to the Court of 2nd Additional Sessions judge, Seraikella where the trial was held as aforesaid.