AMARESHWAR SAHAY, J. - (1.) THE appellant has filed the present appeal against the judgment dated 13/06/1997, passed by the Assistant Sessions Judge, Simdega in Sessions -Trial No. 153 of 1991 whereby and whereunder the learned trial court convicted the appellant for the offence under Sessions 109, 120B and 342 of the Indian Penal Code and sentenced him to undergo R.I. for a period of 10 years and also to pay fine of Rs. 20,000/ - in default to undergo S.I. for a further period of 5 years.
(2.) THE prosecution story in short is that two girls namely, Nutan Bading @ Kandulna and Phuleshwari Devi had gone to the forest for picking up "Datuwari". It is said that the girl Nutan was brought to the Police Station by this appellant by assaulting her and she was made to sit in the Police Station. Subsequently, Phuleshwari Devi, i.e. the informant was also brought to the Police Station by the Night Guard (Chaukidar). There at the Police Station the Sub -Inspector of Police, i.e. Jawahar Singh (since dead) touched every part of the body of Phuleshwari Devi and also kissed her. Thereafter, he took her in another room and then committed rape upon her. The girl Nutan Bading @ Kandulna was also raped by the Sub -Inspector of Police in the Police Station. It is further alleged that the appellant, who was the Jamadar at that time, went to the house of the informant in the night and threatened her not to disclose about the occurrence to anyone. It appears that though the alleged occurrence took place on 29/11/1983 but the information was lodged to the Police on 08/12/1983, i.e. after considerable delay. In course of trial after examination of only one prosecution witness, the main accused Jawahar Singh, i.e. the Officer -in -Charge, against who the allegation of commission of rape was made, died and, therefore, the case was dropped against him.
(3.) BY the impugned judgment, the present appellant was acquitted from the charge under Section 376 IPC by the trial court but he was convicted and sentenced for the offence under Sections 109, 120B and 342 of the Indian Penal Code as stated earlier.;