PALTON SOREN Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard, learned counsel for the appellant, Mr. Peeyush Krishna Choudhary, assisted by Mr. Manoj Kumar Jha, Advocate and learned counsel for the State, Mr. Vikash Kishore, learned Additional Public Prosecutor.

(2.) The instant criminal appeal is directed against the judgment of conviction and order of sentence both dated 29.04.2004, passed by learned Additional Sessions Judge-VII, F.T.C. No.4, Godda, in Sessions Case No.17 of 2003 / 49 of 2003, whereby the sole appellant has been found guilty and convicted for the offence committed and punishable under Section 376 of the Indian Penal Code and awarded rigorous imprisonment for seven years. The period already undergone by the convict in jail custody during trial shall be set off under Section 428 Cr.P.C. from the period of sentence, awarded to the accused/appellant.

(3.) The prosecution case is based upon fardbeyan of informant (P.W.-5), (whose name is not being disclosed here), recorded by Sub-inspector of police R.K. Tiwari, Officer-in-Charge Godda (M) police station on 19.02.2003 at 14:00 Hrs. in presence of her uncle Hopna Murmu, mother Singa Tudu and brother Ramesh Murmu, wherein the informant has alleged that on last Saturday i.e. on 08.02.2003 in the evening, while the informant was returning from Godda Haat alone at about 05:30 P.M. and as soon as she reached near her village Dhepa Bandh, co-villager Paltan Soren seeing her alone, caught hold her and after tying her lifted her sari and petticoat and committed sexual intercourse for half an hour. The informant was trying to raise brawl but her mouth was closed with cloth, due to which the informant could not raise voice. After returning to her house, the informant disclosed about the occurrence to her mother and brother and thereafter other co-villager just to save the prestige of the family held panchayati but nothing happened in the panchayati. As such the informant came to the police station with delay, which was occurred because of panchayati. The informant has alleged that her marriage was solemnized five years ago but since last three years she is not residing with her husband, as her husband has solemnized second marriage with another lady, as such the informant is residing at her matrimonial house. The informant has further alleged that she has no children from her marriage and the occurrence took place on 08.02.2003 at a lonely place by accused by committing rape upon her.