- (1.) This appeal has been directed by the sole appellant named above against the judgment and order dated 6.2.1996 passed by Sri Shio Murat Ram, 3rd Assistant Sessions Judge, Ranchi in ST No. 579 of 1993 whereby the appellant was found guilty for the offence punishable under Sections 376, 493 and 494 of the Indian Penal Code and he was convicted and sentenced to undergo RI for 10 years each for the offence under Sections 376 and 493, IPC and RI for 7 years under Section 494, IPC and also to pay a fine of Rs. 25,000/- to be paid to the victim as compensation. However, sentences were ordered to run concurrently.
(2.) The prosecution case has arisen on the basis of the written report of informant Manju Devi lodged before Doranda PS on 29.3.1993 at 13.45 hours regarding the occurrence which is said to have taken place at village Dibdi, PS Doranda, District Ranchi.
(3.) The prosecution case, in brief, is that the informant met the accused appellant for the first time on 8th June, 1989 when she was in search of some job and the appellant provided her books and got her admitted in a tailoring school at Doranda on seeing her pitiable condition and in the month of August, 1989 he took a house on rent in Mohalla Dibdi and he brought" the informant in the said house to live in. Two or three days thereafter i.e. on 4th September, 1989 the informant told him about her indisposition and at this the accused appellant examined her and administered her one tablet of medicine. It is alleged that the informant become unconscious after taking the said tablet and the accused appellant thereafter ravished her causing bleeding from her genital. It is alleged that when she awoke in the morning she found herself and the appellant naked and she attempted to raise alarms but she was persuaded on the pretext that the appellant shall solemnise his marriage with her and finding herself destitute she agreed with the proposal of the appellant. It is alleged that on 3rd October, 1989, the appellant brought the informant to the Jagarnathpur Temple and solemnised his marriage with her and they were jointly photographed in the Darpan Studio, Doranda. It is alleged that thereafter the informant led conjugal life with the appellant and he was blessed with a daughter on 13.7.1990 and when she again conceived she was aborted on 15.7.1992. Further case of the prosecution is that on 10th April, 1992 the informant found a group photograph from the bag of the appellant and on query she was assaulted and intimidated to be deserted and also to be done to death. The informant becoming suspicious started making enquiry about the appellant and she found that the real name of the accused is Ramesh Kumar Lalit and he has a wife and lives at Lalitayan at Namkum Bazar with his family and parents. Lastly it has been alleged that the appellant after practising deception has ravished the informant and solemnized the marriage with her in the life time of his spouse living.;