VISHNUDEO NARAYAN, J. - (1.) THIS appeal at the instance of the appellant named above is directed against the impugned judgment and order dated 21.4. 2001 and 23.4.2001 respectively passed in Sessions Trial No. 157 of 2000 T.R. No. 5 of 2000 by Shri Asit Baran Shekhar, 1st Additional Judicial Commissioner -cum - Special Judge, S.C. and S.T. (Prevention of Atrocities) Act, Ranchi whereby and whereunder the appellant was found guilty for the offence punishable under Section 376 of the Indian Penal Code and Section 3(2)(v) of the S.C. and S.T. (Prevention of Atrocities) Act and he was convicted and sentenced to undergo rigorous imprisonment for the offence under Section 376 of the Indian Penal Code and to pay a fine of Rs. 5,000/ - and in default thereof to undergo rigorous imprisonment for two years and he was further convicted and sentenced to undergo rigorous imprisonment for seven years for the offence under Section 3(2)(v) of the S.C. and S.T. (Prevention of Atrocities) Act, 1989. However, both the sentences were ordered to run concurrently. It has also been directed in the impugned judgment that the amount of fine aforesaid shall be paid to the victim. However, co -accused Awadesh was not found guilty and he was, accordingly, acquitted.
(2.) THE prosecution case has arisen on the basis of the written report (Ext. 2) of informant (PW 2), Deoki Tuti, the victim of tne alleged ravishment lodged before Khunti Police Station on 15.9.1998 at 15.30 hours regarding the occurrence which is said to have taken place on 14.9.1998 between 20.30 hours and 21.00 hours on a 'Parti ' land, 50 yards north of Bhadra Chitore Kachchi road, P.S. Khunti, District -Ranchi and the appellant was also produced by the informant and her companions after apprehending him from his motorcycle repair shop along with the recovered dagger. The case was instituted against the appellant by drawing of the formal FIR (Ext. 5) on the basis of the said written report which was received on 16.9.1998 in the Court empowered to take cognizance. PW 4 Karmi Sanga and PW 9 Ram Dayal Munda, who were the parents of the informant figured as witness on the written report (Ext. 2). The prosecution case, in brief, is that the informant is the resident of village -Marangdih, P.S. Khunti, District -Ranchi and her mother PW 4 Karmi Sanga works as ANM in Takara Primary Health Centre and she resides in village -Tarosheeladon. The informant had gone to Ranchi in the morning on 14.9.1998 by Trecker from Khunti for submitting her application form for appointment as Constable and also for making enquiry for submission of the form for her Inter examination. It is alleged that she returned Khunti in the evening when it has become dark and she went to the appellant, who is known to her from before, and who is a mechanic and has his shop for repairing scooter and motorcycle by the side of Khunti main road and she requested him to take her to village -Tarosheeladon and at this, the appellant told her that there is no fuel in his scooter and if she will provide money for fuel, he will take her to village -Tarosheeladon and at this the informant gave him rupees fifty for the fuel and the appellant went to the petrol pump with his scooter for getting fuel and he asked her to proceed towards the petrol pump. It is alleged that after sometime, the appellant came with his scooter and she sat on it as a pillion rider and the appellant proceeded for village, Tarosheeladon. It is also alleged that appellant in course of journey, after covering some distance, turned the scooter on the road which goes to village Chikore via Pipratoli, ahead of Tajna river which was not the route for going Tarosheeladon and inspite of her protest he proceeded on the said road and after going for some distance on the said road he stopped the scooter near a fallow land and he caught her and removed her Saiwar after intimidating her to be done to death by dagger. It is also alleged that one boy, perhaps, acquainted with the appellant also came there by a motorcycle and by then, it was round about 20.30 hours and they ravished her one by one. It is also alleged that the informant fled away from there after her ravishment finding an opportunity leaving her sandal and bag at the place of occurrence and came to the house of PW 5, Satuwa Munda in village -Bhdara, who is her cousin brother and narrated the incident to him and he in turn informed her parents. It is also alleged that the informant in the company of PW 5 Satuwa Munda and others went to the place of occurrence for her sandal and bag but these articles were not found there and thereafter she along with others came to Khunti at the repair shop of the appellant where he was caught and dagger was also recovered and from there she came to the police station along with them with apprehended appellant and the recovered dagger. It is alleged that it has transpired to her in course of talk between the appellant and the said boy that the name of the said boy is Awadesh and she may identify him.
(3.) IN course of investigation, the statement of the informant under Section 164 of the Code of Criminal Procedure was recorded by PW 3, Shri Raj Kumar Turi, Judicial Magistrate, Khunti and the said statement is Ext. 3 in this case. Production -cum -seizure lists (Ext. 6 and 6/1) were prepared by PW 10 Narayani Choudhary, the IO of this case in respect of dagger recovered from the appellant and blood stained underwear and Samiz of the informant respectively which was witnesses by PW 6 Ratan Pahan and PW 5 Satuwa Munda as well as PW 6 Ratan Pahan and PW 7 Jhirga Munda respectively and their signatures thereon are Ext. 4 series. The informant was also sent for medical examination to Sub - Divisional, Hospital, Khunti on that very day where she was examined at 16.15 hours.;