HARADHAN MARANDI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned Amicus Curiae Mr. Rajni Kant Ojha and the learned Additional Public Prosecutor Mr. Azeemuddin.

(2.) Appellants in both appeals are aggrieved by the judgment of conviction dated 17.09.2008 passed in Sessions Case No. 102/2006 by the court of learned 5 th Additional Sessions Judge (F.T.C.), Dumka, whereby they have been convicted for the offence committed and punishable under section 376(2)(g) of the Indian Penal Code and sentenced to undergo rigorous imprisonment for ten years each with a fine of Rs. 1,000/- each, in default whereof, to suffer imprisonment for three months each, by the impugned order of sentence dated 18.09.2008. The third accused Kalishal Marandi has been acquitted of the charge.

(3.) Case of the prosecution is based on the fardbeyan of the prosecutrix 'X' (name withheld) recorded on 30.12.2005 at 20.00 hrs. by the S.I. Shamshad Ansari, Officer-in-Charge, Jama P.S. As per her fardbeyan, she was 18 years of age on 30.12.2005. At around 20.00 hrs. in the night, she made her statement before the Sub Inspector, Officer-in-Charge, Jama P.S. She states that she was in love with the accused Haradhan Marandi of village Tepura Dudhani since one year. She had gone to the place of her uncle at Lakad Diwani and met the accused Haradhan Marandi on Tuesday at Barapalasi Hatia. She rode as a pillion with the accused Haradhan Marandi on a bicycle at around 4.00 for coming back to her house. The accused Haradhan Marandi kept her in the night on Tuesday in a Bari, adjacent to his house and committed rape upon her. On Wednesday, two more friends of Haradhan Marandi came. During the day, Haradhan took her to Jama to the house of his relative and both his friends returned. In the night, Haradhan Marandi committed rape on her. On Thursday, while she was coming back on the bicycle of Haradhan Marandi along with him to the house, his two friends met her on a pool (Bridge) just before the village Tepra Dudhani and all the three took her to a vacant field at around 10.00 am in the east of Khairbani village and committed rape upon her one after the other in a ditch in the vacant field. Thereafter, all the three left her and fled away. She was left with no strength and remained lying in Gadha (ditch) for the whole night. In the morning, villagers of Khairbani village saw her and brought her to the village. His cousin Mistri Tudu, son of Guguram Tudu, on their information, came and took her to her house at Bando. On information, police arrived at her house and took her for treatment to the hospital where she was undergoing treatment. She stated that Haradhan Marandi (accused) along with two of his friends committed rape upon her and she could identify them, though she did not know their names. She complained of severe pain in her stomach and calf. On her fardbeyan, her cousin Mistri Tudu inscribed his signature and she also put her right thumb impression after it was read over to her and she understood it. On these allegations contained in her fardbeyan, Jama P.S. Case No. 141/2005 was registered on 30.12.2005 under section 376(2)(g) of the Indian Penal Code against the accused Haradhan Marandi and two other unknown persons.