Ramesh Umesh Tanti, Gaurango Tanti and Onamo Tanti vs The State of Bihar

Pradeep Kumar, J.—The appeals are directed against the judgment of conviction and order of sentence dated 27.3.2000 passed by Sri Ram Prabodh Singh, 1st Additional Sessions Judge, Chaibasa in Sessions Trial No. 244 of 1997, who found the appellant, Ramesh Umesh Tanti @ Ramesh Chandra Das in Cr. Appeal No. 123 of 2000 guilty u/s 376 of the Indian Penal and sentenced him to undergo R.I. for 10 years. He also found guilty u/s 120B of the Indian Penal Code and sentenced him to undergo R.I. for further 10 years and also found and further R.I. for 1 (one) year u/s 448 of the Indian Penal Code and to pay a fine of Rs. 4000/-, in default of payment of fine the appellant is further sentenced to undergo R.I. for one year. The other two appellants, Gaurango Tanti and Onamo Tanti (in Cr. Appeal No. 185 of 2000) have been found guilty u/s 120B of the Indian Penal Code and sentenced him to undergo R.I. for 10 years and to pay a fine of Rs. 4,000/- each and default of payment of fine the appellants are further sentenced to undergo R.I. for one year.

Since both the appeals arise out of the same judgment and conviction and sentence dated 27th March, 2000, hence both the appeals were heard together.

It is submitted by the learned Counsel for the appellant, Ramesh Umesh Tanti @ Ramesh Chandra Das that there is no sufficient evidence to prove the factum of rape, except the statement of victim girl (P.W.4) Bhawani Devi and the learned trial court committed an error of law in convicting the appellants on the basis of uncorroborated evidence of the victim girl and as such their conviction is bad in law and fit to be dismissed.

It is submitted by the learned Counsel for the appellants, Gaurango Tanti and Onamo Tanti that there is absolutely no evidence that these two appellants had made any conspiracy with the main accused, Ramesh Umesh Tanti @ Ramesh Chandra Das for committing the rape upon the victim girl. It will appear that since the mother of the victim girl had asked them to look after the victim girl, hence they came only to inquire about her, but suddenly the accused came with a dagger upon which they fled away and there is no evidence of any meeting of mind in between the accused, Gaurango Tanti and Onamo Tanti and Ramesh Umesh Tanti @ Ramesh Chandra Das and as such their conviction u/s 120B of the Indian Penal Code is bad in law and fit to be set aside.

On the other hand, learned Counsel for the State has opposed the prayer and submitted that it will appear from the evidence of P.W.4-victim girl that all the three appellants came together for preparation of commission of the offence and hence their conviction requires no interference by this Court.

After hearing both the parties and gone through the evidences, 1 find that the prosecution case was started on the basis of a Fardbeyan given by the victim girl, Bhawani Devi recorded by Sri R.P. Singh O/C of Majhgaon police station on 30.12.1996 at 18.00 P.M. stating therein that she was married in the year 1993 with one Maheshwar. After some time of the marriage her husband became of unsound mind and hence she left her matrimonial home at village Sharda. She has got only one brother, who was working at Chaibasa for earning his livelihood. Her father also stayed with him at Chaibasa. The victim girl was staying with her mother alone in the village. She further stated that 10 days before her mother for some urgent work went to Chaibasa asking the next door neighbours, Onamo Tanti, who is her uncle in relation and Gaurango Tanti, who is cousin brother in relation to look after her, hence both the accused used to sleep at her house in the night. She further stated that on 27.12.96 at about 8.30 P.M. after taking the meal she closed the door of the house and slept in her house. At about 10 p.m. in the night the accused-appellants, Gaurango Tanti and Onamo Tanti, who used to sleep at her house, called her for opening the door of the house on which she opened the door, but she saw the accused, Ramesh Umesh Tanti also standing along with the accused-appellants, Gaurango Tanti and Onamo Tanti. She asked as to how he has come. On this Ramesh Umesh Tanti caught hold of her and started dragging her back to her room. When, she made Hullah for help then, both the other accused,, Gaurango Tanti and Onamo Tanti fled away and the accused-appellant, Ramesh Umesh Tanti closed the door of the house from inside and committed rape upon on her giving threatening of her life at the point of dagger. Due to fear she succumbed and. accused Ramesh Umesh Tanti stayed with her till 2 a.m and thereafter he left giving threatening, if she would disclose the matter to others, she will be killed.

On the basis of the said F.I.R. the police registered a case u/s 376 of the Indian Penal Code and u/s 120B of the Indian Penal Code and after investigation police submitted charge-sheet. Since the case was exclusively triable by a Court of Sessions. The learned Magistrate after taking cognizance of the case, committed the same to the Court of Sessions. Subsequently, the case was transferred to the Court of 1st Additional Sessions Judge, Chaibasa to frame the charges and tried the case. Lastly, the case was finally heard by the 1st Additional Sessions Judge, who found the appellants as aforesaid and convicted them.

It appears that in course of trial the prosecution has examined 7 witnesses.

P.W.1, Tara Devi stated that she learnt the occurrence on the next day of the morning by the victim lady, Bhawani Devi that the accused-appellant, Ramesh Umesh Tanti committed rape upon her.

P.W.2, Radha Kant Das, who has not supported the case of the prosecution and has been declared hostile.

P.W.3, Karno Tanti stated in Court that on the next day of occurrence he learnt that the accused-appellant, Ramesh Umesh Tanti committed rape upon the victim lady,; Bhawani Devi.

P.W.4, Bhawani Devi-informant has supported the prosecution case and stated that the, main accused-appellant, Ramesh Umesh Tanti came to the house at 10 P.M. along with two accused-appellants, Gaurango Tanti and Onamo Tanti and when she asked as to how Ramesh Umesh Tanti has come then Ramesh Umesh Tanti caught hold of her and took her inside the house at the point of dagger committed rape upon her when she raised hullah for help both the accused-appellants, Gaurango Tanti and Onamo Tanti fled away.

In her cross-examination, she stated that she has nothing to say against her cousin brothers, Gaurango Tanti and Onamo Tanti.

P.W.5, Dr. Niru Jha, who performed medical examination on the victim girl and found that she is aged about 19 years and she is used to sex, but on forensic examination and pathological test of the victim girl she found that spermatozoa was present and she found sexual intercourse was taken place with girl.

P.W.6, Ramchandra Tanti a co-villager of the informant and has not supported the prosecution case and declared hostile.

P.W.7, Ranjan Chatterjee has only been proved the formal F.I.R.

After considering the evidences, I find that the prosecution case as disclosed by the evidence of the informant-P.W.4, Bhawani Devi with regard to rape committed upon her by Ramesh Umesh Tanti has. fully been corroborated on the evidence of P.Ws 1 & 3 and also doctor-P.W.5, who found that rape was committed upon her. In that view of the matter, the conviction of the main accuses-appellant, Ramesh Umesh Tanti @ Ramesh Chandra Das (In Cr. Appeal No. 123 of 2000) has been proved beyond reasonable doubt and the learned trial court has rightly convicted him u/s 376 of the Indian Penal Code, but his conviction u/s 120B of the Indian Penal Code is set aside.

In the result, Cr. Appeal No. 123 of 2000 filed by Ramesh Umesh Tanti @ Ramesh Chandra Das is dismissed. He is already in custody, if he has served out the sentence the trial court will confirm the same, if not wanted in any other case/s, he will be released. Since he has already completed 10 years or more in jail.

As far as Cr. Appeal No. 185 of 2000 filed by Gaurango Tanti and Onamo Tanti is concerned, their case is different from the main accused-appellant, Ramesh Umesh Tanti @ Ramesh Chandra Das as disclosed above. P.W.I, Tara Devi has stated that on the next day of occurrence she did not name these two accused-appellants, Gaurango Tanti and Onamo Tanti that they also came along with Ramesh Umesh Tanti @ Ramesh Chandra Das. P.W.3, Karno Tanti has also stated that on the next day of occurrence the victim girl only said that rape was committed by Ramesh Umesh Tanti @ Ramesh Chandra Das while she opened the door on the call of Gaurango Tanti and Onamo Tanti. In that view of the matter, since there is no other evidence to show that these two appellants, Gaurango Tanti and Onamo Tanti had come along with Ramesh Umesh Tanti @ Ramesh Chandra Das. It is difficult to say that they have meeting of mind and they had come along with the main accused, Ramesh Umesh Tanti @ Ramesh Chandra Das.

In my opinion, the accused-appellant, Ramesh Umesh Tanti @ Ramesh Chandra Das had come to commit offence of rape upon the victim girl. The other two accused-appellants, Gaurango Tanti and Onamo Tanti that they might have come to look after the victim girl in her house, but in the mean time, Ramesh Umesh Tanti @ Ramesh Chandra Das also appeared with knife in his hand and committed rape upon the victim laldy and he fled away.

In absence of any evidence to prove the charges u/s 120B of the Indian Penal Code and as such both the accused-appellants, Gaurango Tanti and Onamo Tanti are given benefit of doubt and acquitted from the charges and their convictions u/s 120B of the Indian Penal Code is set aside. Since they are on bail and they are released from the bondage of their bail bond.

Hence, the Cr. Appeal No. 185 of 2000 (Gaurango Tanti and Onamo Tanti) is allowed.