- (1.) THIS appeal is directed against the judgment of conviction and order of sentence dated 25.1.2002 passed by Shri D.D.Guru, 3rd Additional Sessions Judge, Hazaribag in Sessions Trial No.56 of 1991 by which judgment learned Sessions Judge found the appellant guilty for the offence u/s 366 and 376 of the Indian Penal Code and sentenced him to undergo rigorous imprisonment for 7 years and the sentences were directed to run concurrently.
(2.) IT appears that the prosecution case was started on the basis of the fardbeyan given by the informant, Dahani Devi aged about 18 years on 13.4.1990 at 11.45 p.m. at Jyoti Rest House, bus stand, Hazaribag. She has stated to the Officer In -charge, Sadar Police Station that she was married to Chaman Sao of village Keredari and she was living at her husband's house with her in -laws. On 11.4.1990 in the evening her naihar's co -villager Lakheshwar Sao @ Lakhan Sao had came to her village and stayed in the house of a relative. In the morning of 12.4.1990 she had gone to the Ghaghra jungle for picking mahua. Then, Lakhan Sao came and told that her mother is seriously ill and her father is weeping and called her immediately. Then after getting assurance from Lakhan Sao that he has taken permission from her in -laws, she left with him. They came to Patra road and boarded a metadoor standing there. When the metadoor stopped at Ranchi, then she enquired from him as to why he has brought her to Ranchi instead of taking her to her father's house. Then the accused told her that he has got some urgent work at Ranchi and from here he will take her to her mother's house. At Ranchi they stayed in the night in a hotel. In the morning of 13.4.1990 the accused asked her to go to her mother's house and by bus they reached Hazaribag in the night. At Hazaribag after inquiry Lakhan Sao told the victim that presently there is no bus available for Keredari and they will stay at the bus stand and he will take her to Keredari early morning. Thereafter, they stayed at Jyoti Rest House at the side of Bus Stand in one room. The accused slept at the bed and she was sleeping at the floor. But, suddenly at night he came down from the bed and after removing her clothes committed rape upon her by force. She made hulla whereupon he closed her mouth by force and hearing the hulla hotel employees informed the police and then when police came, she gave her statement. On the basis of the said fardbeyan, police registered a case u/s 366 and 376 of the I.P.C. and after investigation submitted charge sheet. Since, the case was exclusively triable the court of sessions, learned Magistrate, after taking cognizance, committed the case to the court of Sessions and lastly on transfer the case was tried by the 3rd Additional Sessions Judge, Hazaribag who found the appellant guilty u/s 366 and 376 of the I.P.C. and convicted and sentenced him as aforesaid.
(3.) IT is submitted by the learned counsel for the appellant that there is delay in lodging the F.I.R. since the victim girl was kidnapped on 11.4.1990 and the F.I.R. has been lodged on 13.4.1990. He has further submitted that she was taken to Ranchi where she stayed with the appellant and had made no objection and again came to Hazaribag and stayed in the rest house and hence, she is consenting party. As such the conviction and sentence is bad in law and fit to be set aside. He has further submitted that the appellant has been falsely implicated in this case.;