JHOTA SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) All these three criminal appeals are arising out of common judgment of conviction dtd. 12/2/2014 and order of sentence dtd. 14/2/2014, passed by learned Additional Sessions Judge- I, F.T.C., East Singhbhum, Jamshedpur in Sessions Trial No. 356 of 2012, whereby all the four appellants, Jhota Singh @ Gurucharan Singh, Rahul Kisku @ Dadu, Suresh Tudu and Binod Hansda have been held guilty for the offence committed and punishable under Ss. 376 (2) (g), 323/34 and 341/34 of the Indian Penal Code. Jhota Singh @ Gurucharan Singh and Rahul Kisku @ Dadu have further been held guilty for the offence committed and punishable under Ss. 379/34 and 427/34 of the Indian Penal Code. Suresh Tudu and Binod Hansda have been acquitted from the charge under Sec. 379/34 and 427/34 of the Indian Penal Code. The learned trial Court has awarded rigorous imprisonment for ten years with fine of Rs.5,000.00 each and in case of default in payment of fine further rigorous imprisonment for two months for the offence committed and punishable under Sec. 376 (2) (g) of the Indian Penal Code; rigorous imprisonment for one year for the offence committed and punishable under Sec. 323/34 of the Indian Penal Code and simple imprisonment for one month for the offence committed and punishable under Sec. 341/34 of the Indian Penal Code to all the four accused persons. Appellants, Jhota Singh @ Gurucharan Singh and Rahul Kisku @ Dadu have further been awarded rigorous imprisonment for three years for the offence committed and punishable under Sec. 379/34 of the Indian Penal Code and rigorous imprisonment for two years for the offence committed and punishable under Sec. 427/34 of the Indian Penal Code. All the sentences are directed to run con-currently.

(2.) The prosecution case is based upon fardbeyan of the victim (whose name has been not disclosed herein in view of Sec. 228 IPC), P.W.2 recorded by Inspector, S. N. Rajak of Mango (M) Circle on 15/7/2011 at 00.15 hours in Haludbani village, whereby the informant has alleged that she is residing at G.T. Hostel No.3, Room No.15, P.S. Kadma, District - East Singhbhum and pursuing diploma course at R.D. Tata Technical Institute at Jamshedpur in Electronics. She has stated that she had to go to Pune on Sunday for interview. The informant has stated that two years senior to her in the same institute, Kumar Saurav, son of Amod Kumar Madhukar, resident of L/5-10 road no.2, Agrico who is working as Junior Engineer in Tata Steel is known to her and she has fallen in love with him. Both used to roam around. It is stated that on 14/7/2011 at around 6.00 P.M. Saurav made a telephonic call, proposing the victim to go for outing in the evening. As per plan at 7.00 P.M. Saurav came with car. Both left hostel, in the car and reached Patamada Dimna Tata triangular junction of road at around 7.30 P.M. and at a distance of 150 meters towards the East, the car was stopped, they were siting in the car and were talking and embracing. In the meantime 3-4 boys suddenly came there and started knocking the door of the car by saying that you people are doing some wrong and as such, open the door. It is stated by the informant that in the meantime one boy who was wearing yellow color round neck baniyan hit on the glass of the door of driver side by means of a danda due to which the glass has broken and caused injury on the hand and other parts of the body of Saurav and also tried to snatch the key of the car, which was protested by Saurav. One of the accused having height of 5' 5", black in color, tall, broad face, small hair, wearing jeans started quarreling with Saurav, who tried to caught hold of him. Saurav chased them. In the meantime another accused has taken the Mobile phone bearing SIM No. 8092549657 of the informant, which was given to her by Saurav. The accused have also taken the Nokia Mobile of Saurav bearing SIM No.8092294341 and started chasing Saurav. After sometime one of the accused tried to open the door of the victim side. The victim under fear tried to save herself and started feeling away towards the West direction on the road. After 100 meters towards West, one of the accused, who was wearing yellow baniyan suddenly appeared from the right side of the bushes, caught hold of her, dragged her after gagging her mouth. The informant tried to raise brawl but in the meantime another accused had also appeared. Both the accused persons took the victim in the bushes of Putus. After thrashing her under the Sal tree, the accused who was wearing a check shirt caught hold of both her hand and accused, who was wearing yellow baniyan after removing her cloths committed rape upon her even though the informant has made protest. The informant has further stated that she tried to raise brawl for help. After sometime, she saw some light of a torch, which was coming on the road towards her side. After seeing the light of torch, both the accused persons fled away. The torch light was of Bromo Security guard before whom the informant made request for help but without giving any help they showed the road to the informant. Thus, under compulsive circumstances the informant under fear went towards the West. It is further stated that as soon as she reached near 20-25 yard before M.G.M. Patamada, one motor cycle was parked there and two persons were sitting on top of nearby elevated place. The informant was proceeding ahead. After going about 100 yards, the two accused persons came on black motorcycle, caught hold of her near the Dimna lake. One of the accused dragged her towards the lake and other accused person was parking the motorcycle. In the meantime one light of vehicle appeared from the village- Haludbani side, then the informant tried to raise brawl but she was caught and her face was put inside the water to hide her and after the vehicle went away she was taken towards the right at a distance of 20 meters near bushes and both of them committed rape upon her one after another, even though she made a protest. The informant has further stated that after committing rape the accused persons have said that you may go any where when the vehicle will come and thereafter both the accused persons went towards the South. The informant has described both the accused persons, in the age group of 35 to 40 years, dark in complexion, healthy body, wearing shirt and lungi. One of the accused was having height of 5' 6", big eyes and other was having height of 5'3". Both were talking in Hindi. The informant has further stated that she anyhow reached the village- Haludbani at around 10.00 P.M. She was considered by the villagers as mentally disturbed but after she disclosed them that she along with her brother came to Dimna for outing where the accused persons have looted and assaulted them, the villagers gave her shelter. The informant has further stated that she has informed her father from the telephone of villager. Her father gave a number 9431706481 and asked the informant to contact the Superintendent of Police, Jamshedpur and other Officers and thereafter, the police came and took her in their protection. The informant has stated that initially three accused persons came near the car. The accused who was wearing a yellow banyan has round face was wheatish in color and had curly hair. Other accused was wearing check shirt. The accused persons are wheatish in color, aged about 19-22 years. The informant has claimed that she could identify the accused persons after seeing them as she has seen the face in the moonlight. The informant has further stated that Saurav can also identify the accused, who have come near the vehicle. The occurrence took place between 7.30 P.M. to 9.30 P.M.

(3.) On the basis of fardbeyan of the informant, police has registered Patamada P.S. Case No. 42 of 2011 dtd. 15/9/2011 under Ss. 376 (2) (g)/ 341/ 323/ 379/427/34 of the Indian Penal Code.