- (1.) THIS appeal is directed against the judgment and order of conviction dated 11.10.1999 passed by Shree R.P. Singh, 1st Additional Sessions Judge, Chaibasa by which the learned trial court found sole accused, Pitho Bhuiya guilty under Section 376 of the Indian Penal Code a id sentenced him to undergo R.I. for life.
(2.) THE prosecution was initiated on the basis of the F.I.R. lodged by Sunika Kui wife of Dhono Ho on 14.6.1991 at 18 hrs. It was stated that in the previous night at about 10:45 accused, Pitho Bhuiya came to her house and informed that her husband was lying on the road heavily drunk. On hearing the same she went in search of her husband leaving behind her 10 years old daughter, K (named to conceal her real name) at home. When she returned she found her daughter, K missing from her house. She raised alarm. The villagers assembled. They searched the girl here and there, but could not find any trace. In the morning witness, Ram Naik saw her about 200 yards from her house and informed that her daughter is lying there on the ground smeared with mud. She went there and found her daughter lying unconscious on the ground with mud. Then she stated to the villagers that Pitho Bhuiya had come in the night and he had kidnapped her daughter. The villagers caught hold of him. Whereupon Pitho Bhuiya confessed that he along with Hursi Tanty (since dead) took the victim girl, K from her house and brought her on the ditch and committed rape upon her. The girl was sent to hospital for treatment. She had injuries on her face and neck and there was bleeding from her vagina.
(3.) ON the basis of the said Fardbeyan police registered a case under Sections 452/ 363/ 307 and 376/ 34 of fee Indian Penal Code against both the accused, Pitho Bhuiya and Hursi Tanty. In course of investigation the said Hursi Tanty died. Hence charge -sheet was submitted only against the accused, Pitho Bhuiya. Charges were framed against the appellant under Sections 360A, 307 and 376/ 34 of the Indian Penal Code.;