BIR SINGH HASDA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This appeal is directed against the judgment of conviction and order of sentence dated 25-9-1997 passed by Sri Philip Topno, District and Sessions Judge, Singhbhum West, Camp at Seraikella, in Sessions Trial No.323 of 1996 by which judgment, learned Sessions Judge found that the appellant was guilty under Sections 452/376 of the Indian Penal Code and sentenced him undergo rigorous imprisonment for three years under Section 452 and Seven years under Section 376 of the Indian Penal Code, both sentences to run concurrently.

(2.) The prosecution case written in the fardbeyan given by the victim girl Savitri Soren, P.W. 1 at Seraikella police Station in her Ho language and translated by one Samu Gope in Hindi and recorded by the Investing Officer.

(3.) The victim girl stated in her fardbeyan that on Saturday night at about 2 P.M. she had gone out for urination. After urination when she was entering her house, the accused Bir Singh Hasda caught hold her and in spite of her protest, he dragged her out of the house and near a pond where he committed rape twice upon her by force. At about 8 AM in the morning, he left her near her house and gave her threat not to disclose about the occurrence to anybody, otherwise he will kill her.