LAXMAN MAHATO Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THIS appeal has been filed against the judgment of conviction dated 31.7.2001 and order of sentence dated 6.8.2008 passed by Sri Sarju Prasad, Sessions Judge, Godda in Sessions Trial No. 45 of 2000 against the appellant, Laxman Mahato, by which the appellant has been found guilty of committing rape upon the informant, victim, Sunita Kumari and has been convicted U/S 376 of I.P.C. and has been sentenced to undergo rigorous imprisonment for seven years.

(2.) THE prosecution case was started on the basis of the fardbeyan given by the victim girl, Sunita Kumari, P.W.4. The fardbeyan was record by the Investigating Officer, P.W.9, Randhir Singh on 16.2.1999 in the evening at 6.30 in the evening near the garage of Laxman Singh. The victim girl has stated that on 16.12.1999 in the evening at 5.30 P.M. she was going to the shop of Pralad Sah for purchasing pencil on foot. When she reached near the Ashok Electrical Shop then the accused Laxman Mahato aged about 20 years S/o of Ram Swaroop Mahato guarded her from the front and after closing her mouth took her in his garage and closed the door from inside. While her mouth was closed , he put her on the chouki and after removing her panty, he committed rape upon her by force. Thereafter he went out of the garage. She started weeping inside the garage then people gathered there, where upon Laxman Mahato ran away. In the meanwhile police also came and recorded her statement.

(3.) IT appears that in course of the trial, the prosecution has altogether examined nine witnesses. P.W.1 is Pramod Kr. Mandal, P.W.2 is Birendra Mahto, brother of the informant,P.W.3 is Nakul Mahto, father of the informant, P.W.4, Sunita Kumari is the informant herself, P.W.5 is Ahilya Devi, P.W.6 is Bindiya Devi, P.W.7 is Pradeep Yadav, declared hostile, P.W.8 is Doctor Lily Singh who examined the victim and P.W.9 is Randhir Singh, investigating officer of the case. Learned trial court after considering the evidence and materials on record found the appellant Laxman Mahato guilty and convicted and sentenced him as aforesaid.