MANOJ BHUIYA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) BY Court. -This appeal is directed against the judgment of conviction dated 14.5.2002 and order of sentence dated 16.5.2002 passed by Shri Binay Kumar Sahay. Additional Sessions Judge -XIII, Dhanbad in Sessions Trial No. 48 of 2000, by which judgment, he found the sale accused namely Manaj Bhuiya guilty for the offence under Section 376(2)(f) of the Indian Penal Code and convicted the appellant and sentenced him to undergo rigorous imprisonment for ten years and a fine of Rs. 2,000/ - and in default to undergo rigorous imprisonment for one year.

(2.) THE prosecution case was started on the basis of fardbeyan given by the informant, Jamuna Bhuiya. who is the father of the victim girl, on 26.4.1999, stating therein that he is working as a 'majdoor' in South Belhari Colliery, Tola Bihibari situated at Village -Bhaga Bandh, P.S. -Putki When he returned from his work in the night at about 8 P.M then his wife Radhiya Bhuini informed him that his neighbour, the accused, Manoj Bhuiya came near the house and took his minor daughter namely Saraswati Kurnarr @ Gorki, aged about six years, towards east of his house about 500 yards and committed rape upon her. Since, the girl was minor, due to his commission of rape, the victim girl suffered bleeding injury from her private parts. His wife waited for him to come back from the work, then the informant immediately informed the people in the vicinity and all advised him to search out the accused. Then, he searched the accused, but, could not found the accused, then, he came to the police station, on the advice of the neighbors, and lodged the F.I.R.

(3.) SINCE , the case was exclusively triable by the Court of Sessions, learned Magistrate, after taking cognizance, committed the same to Court of Sessions and lastly the case was tried by Shri Binay Kumar Sahay, Additionai Sessions Judge -XIII, Dhanbad, who found the appellant guilty under Section 376(2)(f) of the Indian Penal Code and convicted and sentenced him as aforesaid.