NANDI KUI @ NANDI TIRIYA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Mr. Ajit Kumar, learned Amicus Curiae for the appellant and Mr. Ram Prakash Singh, learned A.P.P. appearing for the State.

(2.) This appeal is directed against the judgment of conviction dated 30.08.2006 and order of sentence dated 06.09.2006 passed by Pradeep Kumar, Additional Sessions Judge, Fast Track Court-V, Chaibasa in Sessions Trial No. 284 of 2004/ S. T. R. No. 72 of 2005 whereby and whereunder the appellant has been sentenced to undergo rigorous imprisonment for five years for the offence committed and punishable under Section 366 and 366 A of I.P.C.

(3.) The criminal law has been put into motion by lodging the F.I.R. dated 29.06.2004 at 9.00 hours at Kumardungi which has been registered as Manjgaon P.S. Case No.31/2004. The information has been given in Ho language, which has been translated by the village Munda Mahabir Hembrom. It has been alleged by the informant that on 20.06.2004 at 8.00 P.M. in the night, the victim girl was preparing bed for sleeping, her cousin sister-in-law, Smt. Nandi Kui (accused) came to her house and took the victim to her home. On reaching the home of Smt. Nandi Kui, the victim girl had been handed over to three boys, namely, Renso Khandait, Dasrath Maharana and Umesh Path Pingua. The three boys took her to a school and rape had been committed upon her by Dasrath Maharana. Thereafter she had been asked to return to home and on return she had informed her brother village Munda and others. Subsequently, fardbeyan was forwarded to O.C. Manjhgaon P.S. where F.I.R. has been lodged which has been registered as Manjgaon P.S. Case No.31/2004 dated 29.06.2004 under Sections 366, 366A, 376, 120B/ read with section 34 of the IPC against two known persons, namely, Renso Khandait and Nandi Kui and against two unknown persons.