KUBER CHANDRA DAS Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This appeal at the instance of the appellant stands directed against the impugned judgment and order dated 23-9-1998 passed in Sessions Trial No. 347 of 1997 by Shri Shiveshwar Narayan, Sessions Judge, Singhbhum West at Chaibasa whereby and whereunder the appellant was found guilty for the offence punishable under Sections 366-A and 376 of the Indian Penal Code and he was convicted and sentenced to undergo R.I. for seven years each for the aforesaid offence. However, the sentences were ordered to run concurrently.

(2.) The prosecution case has arisen on the basis of the F.I.R. of informant P.W. 1 Kuttu Dai, an unmarried girl aged about 17 years lodged before Jagannathpur P.S. on 29-6-1997 at 17.00 hours regarding the occurrence which is said to have taken place between 15-6-1997 and 24-6-1997 at village Gardisai Danguaposi within Jagannathpur P.S. and it continued at village Jamda, P.S. Gua, District Singhbhum West and also at Bandamunda District Sundargarh, Orissa where the informant is said to have been taken away by the appellant. The F.I.R. has been received on 30-6-1997 in the Court empowered to take cognizance.

(3.) The prosecution case, in brief, is that the informant is a 17 years old unmarried girl and resident of village Gardisai and she works as a labourer in the construction of road between Toragahatu and Mangaon under the scheme of the World Bank and appellant Kuber Chandra Das, resident of village Kalaiya P.S. Nowamundi was also a co-labourer with her along with others and in course of the execution of the construction work aforesaid he made a proposal to her for her marriage with him and she accepted the said proposal considering his affluent economic condition coupled with her own poor family background and he induced her to have sexual co-habitation with her though she was not willing for that but on his insistence that she shall be his wife after the marriage he had sexual intercourse with her. It is alleged that in the existence of having sexual co-habitation with her from before he came to her house in the evening of 15-6-1997 in village Gardisai and asked her to accompany him for going to the temple at Danguaposi for soleminization of the marriage and she proceeded with him for Danguaposi on foot and during the course of the said journey he had thrice sexual intercourse with her. It is alleged that she reached Danguaposi in the morning of 16-6-1997 and from there she boarded a train and came to Jamda and after roaming for the day here and there he came to the house of the sister of his father with her and finding the house locked they stayed together in the night on the verandah of the said house where they had sexual intercourse and from there they proceeded to Bandamunda on 17-6-1997 to her cousin sister P.W. 3 Laxmi Devi where they lived together in the said night and there was also sexual intercourse between them several times and in that course the appellant told her that he will go to his village and after taking clothes and money he will be back here and, thereafter, he will take her from there and on the following day i.e. on 18-6-1997 he went to his village and again came to Bandamunda on 24-6-1997 where she was staying. The prosecution case further is that she became suspicious seeing the nail of the appellant having been coloured and on query he told her that he has solemnized his marriage with a girl of village Gua and asked her to accompany him for her house. It is also alleged that she started weeping out of disgust and she stayed at the house of Laxmi Devi considering her to be defamed of not being married with him and he returned to his house. It is further alleged that she has returned to her house in the company of her brother P.W. 2 Chaturbhuj Das and, thereafter, she has lodged the said F.I.R.