The prosecution must prove guilt beyond reasonable doubt; any reasonable doubt benefits the accused.

JUDGMENT :

(Jitendra Kumar, J.)

The present appeal has been preferred against the judgment of conviction and order of sentence dated 31.07.2012 and 07.08.2012 respectively passed by learned Additional Sessions Judge-Ist, in Sessions Trial No. 49 of 2011/ Tr. No. 5 of 2011, arising out of Baunsi P.S. Case No. 102 of 2010, whereby the sole Appellant has been acquitted of charge under Section 3(1)(x) of the SC & ST Act, but convicted under Section 376 I.P.C and sentenced to undergo imprisonment for life.

Prosecution Case

2. The prosecution case as emerging from the fardbeyan of the victim/informant as recorded by S.I. Chandeshwari Prasad Yadav, S.H.O. of Baunsi Police Station on 13.06.2010 at 14:15 hours at Baunsi Police Station is that one day ago, i.e. on 12.06.2010 at about 11:00 AM, the victim/informant had taken her cow to a pond situated about half kilometer to east of her village where co-villager Mantu Yadav, who is appellant herein, already had brought his cow at the pond for drinking water. Seeing the victim alone, the appellant came near her and forcibly tried to commit rape upon her which was resisted by the victim. But thereafter, the appellant put her down forcibly on the ground and gagged her by pressing her mouth and committed rape upon her after lifting her petticoat. Whenever she tried to raise voice, he used to press her mouth and beat her. He committed rape upon her about half an hour and thereafter, he threatened her not to disclose the occurrence to anybody otherwise, she was threatened to be killed. Being fearful, she did not utter any word. After the occurrence, she went to the family members of the appellant by walking slowly and complained to them, but they did not listen to her. Her husband was not at his home and that is why, she could not go to Police Station yesterday.

Factual Background

3. On the basis of the fardbeyan, Baunsi P.S. Case No. 102 of 2010 was registered on 13.06.2010 against the appellant under Section 376 of the Indian Penal Code.

4. After investigation, charge sheet bearing no. 177 of 2010 dated 31.12.2010 was submitted against the appellant/ Mantu Yadav for offence punishable under Section 376 of the Indian Penal Code and Section 3(i)(x) of the SC & ST Act. Thereafter, learned Chief Judicial Magistrate, Banka took cognizance of the offence and committed the case to the Court of Sessions and charges against the appellant were framed under Section 376 of the Indian Penal Code and Section 3(i)(x) of the SC & ST Act. The charges were read over to the accused/appellant which he pleaded not guilty and claimed to be tried.

5. During trial, the following seven witnesses were examined on behalf of the prosecution:

(i) P.W. 1 :-Malik Kisku (brother of the informant)

(ii) P.W.2 :-Shanti Murmu (co-villager of the informant)

(iii) P.W. 3 :-Shyamlal Besra (Father-in-law of the informant)

(iv) P.W. 4 :-Kanhu Besra (husband of the informant)

(v) P.W. 5 :-Victim/Informant

(vi) P.W. 6 :-Baaldev Besra (brother-in-law of the informant)

(vii) P.W. 7 : -Dr. Kumkum Azad (who conducted microscopic examination of vaginal swab of the informant).

6. The prosecution also brought on record the following documentary evidence:

(i) Ext. 1 :- Clinical Pathology report

Statements under Section 313 Cr.PC.

7. After closure of the prosecution evidence, the accused/appellant was examined under Section 313 Cr.PC confronting him with incriminating circumstances which came in the prosecution evidence, so as to afford him opportunity to explain those circumstances. During this examination, he admitted that he had heard the evidence of the prosecution witnesses against him. But he did not explain any circumstance, though he claimed that the prosecution evidence is false and he is innocent.

Defence witnesses at the Trial

8. The appellant had examined the following three witnesses in his defence:

(i) D.W. 1-Triveni Mandal (co-villager of the appellant)

(ii) D.W. 2 -Kamlakant Mandal (co-villager of the appellant)

(iii) D.W. 3-Dinesh