MANOJ KERAI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned Amicus Curiae Mr. Rajesh Kumar Mahtha representing the appellant and learned counsel for the State Mr. Anand Kumar Pandey, Additional Public Prosecutor.

(2.) The instant criminal appeal has been preferred against the judgment of conviction dated 03.01.2014 and order of sentence dated 06.01.2014 passed by learned Additional Sessions Judge-1, West Singhbhum at Chaibasa in Sessions Trial No. 36 of 2009 whereby the appellant has been held guilty for the offence committed and punishable under Section 376(2)(f) I.P.C and awarded R.I. for life with fine of Rs.5,000/- and in case of default in payment of fine, he shall further undergo S.I. for three months.

(3.) The prosecution case is based upon the fardbeyan of Jyoti Tarkote (P.W.3) recorded by A.S.I Nandlal Prasad (P.W.14) on 06.11.2008 (Thrusday) at 21.30 Hrs in General Hospital, Kiriburu. Informant has stated that her mother has died yesterday i.e., on 04.11.2008 and funeral of the dead body was performed on yesterday (Wednesday). Her father has already died few years ago. Informant, her brother namely Raghu Tarkote (P.W.5) along with her sister, Victim (name is not being disclosed) P.W.4 aged about 7-8 years were residing in a thatched house. It is stated that today (Thursday), informant's younger sister, victim aged about 7-8 years went out of her house at around 5 P.M. for playing on the road/ street. When she returned at around 6.30 P.M., she was crying and disclosed that Manoj Kerai (appellant), resident of the same mohalla has taken her by enticing her to give toffee towards the hostel and under the culvert in the bushes, he thrashed and assaulted her and after removing her undergarment did bad things. While disclosing this fact the victim started crying loudly. After hearing the brawl, neighbourers came there and also informed about the occurrence. Thereafter, Manoj Kerai, son of Mochi Ram Kerai resident of village Meghahataburu, House no. 21/7, Kiriburu, District West Singhbhum was searched and was caught, who confessed his guilt and was apologizing with folded hand. But the residents of the mohalla took him to the Police Station. Informant has brought her sister for treatment and medical checkup. Informant has claimed that Manoj Kerai has committed rape upon her minor sister.