HARINATH TIWARY Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The appeal is directed against the judgment dated 9th April, 2007 and order of sentence dated 11th April, 2007 passed by Shri Gautam Mahapatra, Special Judge, SC/ST (Prevention of Atrocities) Act, Hazaribagh in Sessions Trial No. 226/2000, by which judgment he found the appellant, Harinath Tiwary guilty under Sections 376 and 420 of the Indian Penal Code as well as under Section 3(1)(xi)(xii) of the S.C./S.T. (Prevention of Atrocities) Act and convicted the appellant on all Sections. He also sentenced him to undergo R.I. for 10 years and to pay a fine of Rs. 10,000/- and in default of fine to serve out sentence of R.I. for one year under Section 376 of the Indian Penal Code. He also sentenced him to undergo R.I. for three years under Sections 448 & 324 of the Indian Penal Code and sentenced him to undergo R.I. for 3 years under Sections 3(1) (xi)(xii) of the S.C./ S.T. (Prevention of Atrocity) Act and also to pay a fine of Rs. 1,000/- and in default of fine to serve out sentence of R.I. for 2 months. However, all the sentences were directed to run concurrently. No separate sentence was passed under Section 420 of the Indian Penal Code for cheating the victim girl.

(2.) The prosecution case was started on the basis of a complaint registered a case under Sections 376/420 of the Indian Penal Code read with Sections 3(1)(xi)(xii) of the S.C./S.T. (Prevention of Atrocities) Act. After investigation charge-sheet was submitted.

(3.) In her complaint petition, the complainant, Prem Lata Hembrum stated that the accused is running a Private Institution under the name and style of Lok Uthhan Kendra at Village Katkamsandi, P.S. Katkamsandi, District Hazaribagh for the purpose of helping the persons, who are mentally and physically abnormal in the local areas and nearby villages and he is also running a Private School under the said Institution after constructing one Ashram within the said village. Four years before filing of the complaint the complainant was approached by the accused and asked her to come and work in the said Lok Uthhan Kendra at village Katkamsandi on monthly salary of Rs. 2,000/-, the accused introduced himself to be the Secretary of the said Institution. The complainant being a simple tribal girl coming from Weaker Section of the Society having no other source of income joined the said Institute. On the assurance of the accused, who was Secretary of the said Institute and the complainant was deputed to do different jobs including teaching at the School and sometime to do field work to help the needy persons. She was allotted one room in the said Institute at the Ashram of Lok Uthhan Kendra. It is alleged that the accused never paid any salary to the complainant and in the month of January, 2003 at night suddenly the accused entered into her room at the Ashram and ravished the complainant and on her protest he threatened her to do away with her life. He asked her not to disclose the occurrence to anybody and stated that she will get full salary at a lump sum as well as her job will become permanent. She further alleged that on assurance he raped the complainant at several times, due to which she became pregnant and her pregnancy was aborted by Dr. Sandhya twice at the instance of the accused. It is further alleged that when she started making protest then the accused asked her to come with all documents at Katkamsandi Ashram where the Chairman and other will be present and she will be paid full salary, but when she reached there then she found that the accused-Secretary of the Institution is present and he took all her documents and ousted her from the service without making any payment. Then, she narrated the entire story to the police, who asked her to file a complaint case.