The main legal point established in the judgment is the affirmation of the conviction of the appellant under Sections 376, 323, and 341 of the Indian Penal Code for committing rape and assault.

JUDGMENT

Kailash Prasad Deo, J. - The instant Criminal Appeal has been preferred against the judgment of conviction dated 12.02.2004 and order of sentence, dated 13.02.2004, passed by learned Additional Judicial Commissioner, Fast Track Court No. IV, Ranchi, in Sessions Trial No. 15 of 2000, whereby the sole appellant Maheshwar Tigga has been found guilty for the offence committed and punishable under Sections 376, 323 and 341 of the Indian Penal Code and awarded rigorous imprisonment for seven years with fine of Rs. 5000/-, which shall be payable to the victim and in default in payment of fine, further to undergo rigorous imprisonment for six months. The learned trial court has also awarded rigorous imprisonment for one year for the offence committed and punishable under Section 323 of the Indian Penal Code and simple imprisonment for one month for the offence committed and punishable under Section 341 of the Indian Penal Code. All the sentences are directed to run concurrently. The learned trial court has acquitted the appellant under Section 504/34 and 420/34 of the Indian Penal Code.

It is relevant to state here that other co-accused persons of this case namely Mahabir Oraon, Jatiya Oraon @ Bhagat and Mohan Tigga @ Oraon have also been convicted by the learned trial court for the offence committed and punishable under Section 323/34 of the Indian Penal Code but after considering the age and offence of co-accused persons, they have been released under Section 3 of the Probation of Offenders Act after due admonition for their offence.

2. The prosecution case is based upon the written report submitted by the informant Ansu Mala Tigga (P.W. 9), before the Officer-in-Charge, Mandar Police Station in the district of Ranchi on 13.04.1999, alleging therein that Maheshwar Tigga, son of Badhna Uraon, a co-villager of the informant, has committed rape against her will and subsequently assured the informant of solemnizing marriage and thus the relationship between parties continued as husband and wife. Informant has further stated that Maheshwar Tigga is working in Indian Army and three months ago, he came to his home after taking leave from the service and took the informant to his house, where the informant resided for 15 days and was raped and after expiry of his leave, Maheshwar Tigga went to join his service. The informant has further alleged that when her mother went to see her in the house of Maheshwar Tigga, the elder brother of Maheshwar Tigga namely Mohana Tigga @ Oraon younger brother Mahabir Oraon and uncle of the appellant namely Jatiya Oraon @ Bhagat have surrounded them and assaulted the informant and her mother and also dragged the informant out of their house. The informant has further alleged that by cheating her, the appellant Maheshwar Tigga is now solemnizing his marriage on 20.04.1999 at some other place. It is also alleged that on 09.04.1999, in the night Maheshwar Tigga has also committed rape against her will but because of conciliation, the delay has been caused in informing the police.

3. On the basis of written report of the informant, police has registered Mandar P.S. Case No. 25 of 1999 dated 13.04.1999, under Sections 376/ 420/ 341/ 323/ 504 of the Indian Penal Code against four accused persons namely Maheshwar Tigga, Mahabir Oraon, Mohana Oraon and Jatiya Oraon @ Bhagat.

4. After investigation, the police has submitted charge sheet against all the named four accused persons vide charge sheet no. 55 of 1999, dated 23.10.1999, under Sections 420/ 376/ 341/ 323/ 504 of the Indian Penal Code.

5. The cognizance of the offence has been taken vide order dated 08.11.1999 and the case has been committed to the Court of Sessions vide order dated 14.12.1999.

6. The charge has been framed against all the four accused persons under Sections 420/34, 323/34, 341/34 and 504/34 of the Indian Penal Code vide order dated 30.11.2000 and Maheshwar Tigga has further been separately charged under Section 376 of the Indian Pena