VIRENDER SINGH, J. - (1.) THE instant appeal arises out of conviction suffered by appellant -Gopal @ Bulo Tiriya (for short 'Accused') under Section 376 IPC. No doubt, it is of year 2014 but admitted on 09.02.2015 only. While declining the prayer for suspension of sentence imposed upon the accused, the Court vide order dated 04.03.2015 directed listing of the main appeal for its final disposal for today i.e. 09.04.2015, considering it an offence against woman. It is how the instant appeal has been put on fast track and disposed of within the shortest possible period.
(2.) THE accused is the first cousin of the victim (son of real uncle), in common parlance, "Chachera Bhai". The parents of the victim were killed sometime before the present occurrence. She is matriculate and was of the age of 19 -20 years on the date of occurrence, i.e., 26th March, 2012. She approached the police on 31st March, 2012, i.e., after five days of the occurrence with a written complaint alleging therein that she used to sell "rice beer" (commonly known as Hariya) and was maintaining herself and her two younger brothers. She also used to work as a labourer. It is alleged that on 26.3.2012, accused approached her and told her that villagers were going to Baljodo to work as labourer and offered her to go with him to earn more money to which she reluctantly agreed. It is then alleged that when she was going along with the accused, he caught hold of her from behind and put her on the ground and then committed rape upon her thrice and when she wanted to shout, he pressed her mouth and threatened to kill her. It is then alleged that the accused fled away from there and she, however could manage to go to the house of Guru Charan Tiriya and disclosed about this occurrence to his wife and on the next day, she disclosed about this occurrence to one Jena Tiriya, who was member of Women Ward and who consoled her saying that this is something concerning the village and would be settled in the village itself, but she did not do anything and all these factors caused delay in lodging the report with the police. On the aforesaid allegation, formal F.I.R bearing No.04/2012 in P.S. Jeteya came to be registered under section 376 IPC. PW Mahadeo Dubey started investigation of the case, got the victim medically examined, recorded statements of certain witnesses and thereafter filed challan against the accused, who, thereafter, was charged under section 376 IPC and now stands convicted for the same. The sentence imposed upon him is 10 years and fine of Rs.10,000/ - (Rupees ten thousand only), in default thereof, to further undergo simple imprisonment for six months. The fine, if realized, is directed to be paid to the victim as compensation.
(3.) THE prosecution in support of its case has examined the following witnesses: - PW 1 Dr.Sarita Lakra She medically examined the victim and got the report exhibited. PW 2 Dr.Praveen Minj She also medically examined the victim. PW 3 Jena Tiriya She is a witness of hear -say evidence. PW 4 Ruday Tiriya She is also a witness of hear -say evidence. PW 5 Guru Charan Tiriya He is also a witness of hear -say evidence. PW 6 Masala Tiriya Victim herself. She deposed that on the date of incident, i.e. 26.3.2012 when she and the accused reached near the field of Guru Charan Tiriya, the accused caught hold of her from behind and put her on the ground from back and committed rape on her thrice and then fled away. She further deposed that she had managed to go to the house of Guru Charan Tiriya and disclosed everything to his wife. She further deposed that she had disclosed this occurrence to Guru Charan Tiriya, Randai Tiriya, Gurrcharan Tiriya, Debra Tiriya, Kundlwa Tiriya, Gosai Tiriya and Jena Tiriya and that Jena Tiriya assured her for convening a Panchayat but she did not do anything and then she went to Police Station after three days. The victim proved her fardbeyan (initial statement), which is exhibited. PW 7 Mahadeo Dubey He is the Investigating Officer of this case and proved the endorsement made by him on the fardbeyan of the victim. He had also proved the formal FIR and application for permission for medical examination of the victim. The accused has however pleaded his false implication in this case.;