Arjun Yadav vs The State of Jharkhand

Pradeep Kumar, J.—The appeal is directed against the judgment of conviction dated 14.6.2001 and order of sentence dated 16.6.2001 passed by Sri Vivekanand Jha, 6th Additional Sessions Judge, Hazaribagh in Sessions Trial No. 26 of 1993, by which judgment he found the appellant, Arjun Yadav guilty u/s 376 of the Indian Penal Code and sentenced him to undergone R. I. for 5 years.

It is submitted by the learned Counsel for the appellant that the entire prosecution case has been falsified by the evidence of the prosecution witnesses in court while the informant-P.W.3, Sanju Devi stated that no such occurrence took place as stated in the F.I.R. and even her husband stated that no such occurrence was reported to him by his wife and other P.Ws. 1, 2, 5 and 6 have tried to state that P.W. 1. Fulwa Devi was raped by the accused on the date of occurrence, for which there is neither any F.I.R. nor any charge was framed for rape of P.W.1, Fulwa Devi and as such the conviction of the appellant is bad in law and only fit to be set aside.

On the other hand, learned Counsel for the State has stated that although some of the witnesses, namely, P.Ws. 7 and 8 have stated that a Panchyati was held with regard to rape committed by the accused-appellant, Arjun Yadav on Sanju Devi on the date of occurrence, but admittedly Sanju Devi has not supported the case.

After hearing both the parties and going through the record, I find that the prosecution case was started on the basis of a Fardbeyan given by informant, Sanju Devi-P.W. 3 on 11.6.92 stating therein that one and a half months before when she had gone for collecting woods along with villager, Sumitra Kumari and others and when they were collecting woods in the middle of the jungle then accused-appellant, Arjun Yadav came and in presence of all the witnesses caught hold of her hand by force and took her near Kewaliya Dam where he threw her down and committed rape upon her. All the witnesses, who were present there, saw the occurrence by hiding themselves behind tree then the accused-appellant ran away. Thereafter, she came to her house and told about the occurrence to her husband and others.

On the basis of the said Fardbeyan police registered a case u/s 376 of the Indian Penal Code and after investigation submitted charge-sheet under the aforesaid section.

Since the case was exclusively tribal by a Court of Sessions the learned Chief Judicial Magistrate after taking cognizance of the case committed the same to the court of sessions. Subsequently the case was transferred to the court of 6th Additional Sessions Judge, Hazaribagh, who found the appellant guilty as aforesaid and sentenced him.

It appears that in course of trial the prosecution has examined 12 witnesses. P.W. 1, Fulwa Devi, P.W. 2, Pemal Choudhary, P.W. 3, Sanju Devi-informant, P.W. 4, Suresh Dhobi, P.W. 5, Ram Prakash Choudhary, P.W. 6, Sukhdeo Thakur, P.W. 7, Hemali Choudhary, P.W. 8, Dular Prasad Yadav, P.W. 9, Sumitra Kumari, P.W. 10, Mani Devi, P.W. ll, Dr. Snigdha Sinha and P.W.12, Manoj Kumar Keshri.

It is important to note here that the informant- P.W. 3 turned hostile in Court and stated that no occurrence of rape ever took place with her and she has come to depose only because she received notice from the court. She denied that she gave any statement to the police on 11.6.92. Her husband P.W. 4, Suresh Dhobi also turned hostile and stated that the occurrence as stated in the F.I.R. was never told to him by his wife and no such occurrence took place.

The other witness-P.W. 1, Fulwa Devi stated that five years back on Tuesday when she had gone to Gauriyakarma Farm for collecting cow-dung then the accused appellant, Arjun Yadav came and snatched her basket and committed rape upon her. He also committed rape upon Sanju Devi Thereafter, she came to her house and told about the occurrence to her husband.

P.W. 2, Pemal Choudhary stated that five years back on Tuesday, his wife, Fulwa Devi told that when she had gone to Gauriyakarma Farm then the accused-appellant, Arjun Yadav committed rape upon her.

P.W. 5, Ram Prakash Choudhary also stated that six years back on Tuesday,e was at home then Fulwa Devi came and told that the accused-appellant, Arjun Yadav committed rape upon her. She also told that the accused-appellant, Arjun Yadav earlier committed rape upon Sanju Dev.

P.W. 6, Sukhdeo Thakur stated that a Panchyati was held by Fulwa Devi six years back in which she stated that the accused-appellant committed rape upon her on Tuesday.

P.Ws. 7 & 8 also stated the same thing.

P.W.11, Dr. Snigdha Sinha, who had examined Fulwa Devi on 11.6.92. She proved her injury report, which is marked as Ext.-3.

Thus, from the evidences of P.Ws. 1, 2, 5, 6, 7 & 8, it appears that P.W.I is giving evidence with regard to rape committed upon her on Tuesday at Gauriyakarma Farm, for which there is no F.I.R. nor any charge has been framed. According to the first information report P.W.3, Sanju Devi has stated that about one and a half month back on Friday when she had gone to Kewaliya Dam Jungle then a rape was committed by accused-appellant, Arjun Yadav, so there is no F.I.R. for any rape committed by the accused on Fulwa Devi in Gauriyakarma on Tuesday nor any charge was framed. The appellant was charged that the accused appellant, Arjun Yadav committed rape on Sanju Devi in the forest of Kewaliya Dam and no evidence has been brought to prove the said fact. The informant has also turned hostile and stated that no such occurrence took place. In that view of the matter, the conviction of the appellant in absence of any evidence to prove the charge, is bad in law and fit to be set aside.

Accordingly, the conviction dated 14.6.2001 and order of sentence dated 16.6.2001 passed by Sri Vivekanand Jha, 6th Additional Sessions Judge, Hazaribagh in Sessions Trial NO. 26 of 1993, is set aside,

The appellant is on bail, he is released from the bondage of his bail bond.