Cr. Appeal (S.B.) No. 761 of 2003. Case: Misan Sk. Vs The State of Jharkhand. Jharkhand High Court

Case NumberCr. Appeal (S.B.) No. 761 of 2003
CounselFor Appellant: Ravi Kumar Singh, Advocate and For Respondents: Shiv Kumar Sharma, A.P.P.
JudgesRatnaker Bhengra, J.
IssueIndian Evidence Act, 1872 - Section 114A; Indian Penal Code 1860, (IPC) - Section 376
Judgement DateFebruary 10, 2017
CourtJharkhand High Court


Ratnaker Bhengra, J.

  1. This Criminal Appeal has been preferred against the judgment of conviction and order of sentence dated 31.05.2003 passed by Shri Rakesh Ranjan Verma, Sessions Judge, Pakur in Sessions Case No. 24 of 2003 whereby and whereunder appellant has been sentenced to undergo R.I. for seven years under Section 376 of the Indian Penal Code.

  2. The prosecution case, in brief, as per the written report is that on 17.11.2002 at 6 p.m. at village Silampur, P.S. Maheshpur, District Pakur, the victim/informant (name concealed) had gone to fetch water from the water pump (chapakal). At that time, the accused Misan Seikh was standing in front of his door. The accused Misan Sheikh forcibly dragged the informant and took her to the outer room of his house and there he committed rape upon her, the informant after about an hour, came out from the room raising hulla after she was released. On her hulla, many persons came there. The villagers told that matter will be considered. But the accused Misan Sheikh fled away from the village and so matter was not considered.

  3. On the basis of the written report of the informant a formal F.I.R. was drawn at Maheshpur Police Station as P.S. Case No. 125 of 2002 on 28.11.2002. After investigation, charge sheet was submitted against the appellant. Thereafter, cognizance was taken and the case was committed to the court of Sessions. Charges were framed u/s. 376 IPC and trial was held after which on conclusion he was held guilty under the aforesaid section and sentenced for seven years rigorous imprisonment. Hence, this appeal.

  4. The prosecution has examined altogether six witnesses, out of whom, Ainul Mandal, P.W.-2, is the father of the victim, Gulam Gaus is P.W.4. Abdul Sk. is P.W.-5. The informant herself is P.W.-1 and Dr. Smt. Anita Sinha is P.W.-6 and the I.O., of the case is Banshidhar Jha P. W. -3.

  5. Defence has also examined two witnesses Razaque Mandal D.W.-1 and Afsar Mandal as D.W.-2.

  6. P.W.-1 informant and victim has stated that Misan Sheikh forcibly dragged her to his house when she had gone to fetch water from the hand pump (Chapakal). Misan Sheikh threatened her and so she was unable to raise alarm (hulla) and that he then committed rape on her forcibly. Misan Sheikh, after committing rape on her, threatened that if she told about this act to any person, he would kill her, and then she came out from the room weeping at about 7 p.m. She has also stated that, on hearing her voice, many villagers had gathered there. She has proved her signature (Ext. -1) on her written report. In the cross-examination, she (PW-1) has further stated that she was wearing nighty, petticoat and pants and that her nighty had been torn at the time of occurrence. In her cross examination she has stated that her father had not gone to the house of Misan Sheikh for arranging her marriage with Misan Sheikh. The defence has suggested to the victim that her father had lodged this false case for compelling Misan Sheikh to marry her. The victim (PW-1) has denied this suggestion.

  7. P.W. 2, Ainul Mandal, is the father of the victim. He has stated that he was not present at his house on the date of occurrence and that he returned after two days and then he learnt about the occurrence of this case. P.W.-4 Gulam Gaus has also stated that he heard on Monday that Misan Sheikh committed indecent act against the informant. P.W.5...

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