- (1.) THIS appeal is directed against the judgment of conviction dated 25-5-1999 and order of sentence dated 26-5-1999 passed in Sessions Trial No. 363/97/33/97, whereby and whereunder the learned Additional Judicial Commissioner Loharadaga held the appellant guilty under S.314/34 IPC and convicted and sentenced him to undergo RI for seven years.
(2.) PROSECUTION case in brief is that Badu Oraon lodged an FIR on 29-4-97 at about 9.30 a.m.at Bhandra P. S. to the effect that his daughter Sukri Kumari, aged about 20 years, is blind of both the eyes and in the absence of family members appellant Ram Sharan Sai forcibly committed sexual intercourse with the blind girl and she became pregnant and when pregnancy became visible then she narrated the occurrence of rape by the appellant. Informant wanted to lodge FIR at the police station but appellant Ram Sharan Sai and Bhuneshwar Sai (acquitted) gave a threat to kill him and out of fear the informant kept mum. Thereafter, one day appellant and Bhuneshwar Sai secretly took away Sukri Kumari with them and against the will of the deceased, pregnancy of the deceased was aborted and after some day both of them brought her and left her under a Karange tree near her house on 24-4-1997, but she was moaning with pain. The informant took his daughter inside the house and on enquiry she disclosed that appellant Ram Sharan Sai and Bhuneshwar Sai (acquitted) forcibly took her to Akasi, where the lady accused caused miscarriage thereafter she became unconscious and on coming Monday she died. After lodging of the FIR I. O. started investigation and submitted charge sheet against all the three accused persons including appellant under S.314/34 IPC. Cognizance in the case was taken and case was committed to the court of session. Where learned Additional Judicial Commissioner recorded the evidence of witnesses both oral and documentary and came to a finding and held the appellant guilty and convicted and sentenced him as aforesaid, but he acquitted two other accused, who faced trial along with this appellant. Prosecution has examined 11 witnesses PW 1 is Mahesh Prasad Sahu PW 2 is Sarbe Oraon PW 3 is Paro Devi PW 4 is Ganga Devi PW 5 is Ranthi Devi PW 7 is Thibua Sao PW 8 is Jayanti Devi, and all these witnesses have been declared hostile, as they did not support the prosecution case. PW 6 is Chhotelal Oraon, who is father of the deceased PW 10 is Dr. B. K. Pandey, who conducted the post mortem examination on the dead body of Sukri Kumari and PW 11 is Raghunath Singh, who is I. O. of the case.
(3.) PW 6 Chhotelal Oraon is the full brother of the deceased Sukri Kumari According to this witness he came to the field and saw his father (PW 9) taking his blind sister Sukri Kumari (deceased) towards his house and when he went inside the house, he enquired from Sukri, who immediately disclosed that appellant Ram Sharan Sai had taken her to Akasi and got her pregnancy aborted. Further according to this witness, on Monday at about 9 PM, Sukri Kumari died. According to this witness appellant was on visiting terms with him.;