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2019 Supreme(Jhk) 1439
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Ratnaker Bhengra, J.
Uttam Kumar - Appellant
Versus
State Of Jharkhand - Respondent
Criminal Appeal (S.J.) No. 181 of 2003 (Against the judgment of conviction and order of sentence dated 17.1.2003 passed by the 3rd Additional Sessions Judge, Jamshedpur in connection with Sessions Trial Case No. 392 of 1998 arising out of Mango (Olidih) P.S. Case No. 298 of 1997, G.R. No. 2346 of 1997)
Decided On : 30-01-2019
Mr. D.K.Karmakar, Advocate, for the Appellant; Mr. Nehru Mahto, A.P.P, for the Respondent
The credibility of witnesses and the presence of medical evidence are crucial in establishing convictions for sexual assault under the Indian Penal Code.
Headnote:
Criminal Appeal - Conviction under sections 354, 323, and 342 of the Indian Penal Code - Summary of Acts and Sections: IPC 354, IPC 323, IPC 342 - The court discussed the evidence and arguments related to the alleged incident of sexual assault, variations in the place of occurrence, lack of medical evidence, and the credibility of witnesses. The court upheld the conviction under IPC 354 but set aside the convictions under IPC 323 and IPC 342, modifying the sentence to three months rigorous imprisonment.
Fact of the Case:
The appellant was convicted for sexual assault under sections 354, 323, and 342 of the Indian Penal Code based on the prosecution's case that the appellant attempted to rape the victim and assaulted her. The appellant denied the allegations, citing his exemplary behavior and disputing the timing and place of the alleged incident.
Finding of the Court:
The court found variations in the testimony regarding the place of occurrence but ultimately upheld the conviction under IPC 354 based on the victim and her daughter's testimony. The court set aside the convictions under IPC 323 and IPC 342 due to lack of medical evidence and the absence of wrongful confinement.
Issues: Variations in the place of occurrence, lack of medical evidence, credibility of witnesses, and the appellant's age at the time of the occurrence.
Ratio Decidendi: The court relied on the victim and her daughter's testimony to uphold the conviction under IPC 354, while setting aside the convictions under IPC 323 and IPC 342 due to lack of evidence. The court also considered the appellant's age at the time of the occurrence as a mitigating circumstance in modifying the sentence.
Final Decision: The appeal was dismissed, and the conviction under IPC 354 was upheld, while the convictions under IPC 323 and IPC 342 were set aside. The sentence was modified to three months rigorous imprisonment.
JUDGMENT
Ratnaker Bhengra, J. - This Criminal Appeal has been preferred against the judgment of conviction and order of sentence dated 17.1.2003 passed by 3 rd Additional Sessions Judge, Jamshedpur in S.T. No. 392 of 1998, whereby and whereunder the appellant was convicted u/s 354,323 and 342 of the IPC and sentenced for rigorous imprisonment for one year under section 354 of the Indian Penal Code. So far conviction under section 323 and 342 of the Indian Penal Code is concerned no separate sentence for the same was awarded.
2. The case of the prosecution in brief as per written report of the informant Chandana Dutta PW-1 wife of Subhas Dutta is that on 27.12.1997 at about 10:00 a.m. accused Uttam Kumar came to the house of the informant and asked her daughter to show the result. The accused was teaching the informants daughter. The informants daughter gave report card to the accused who asked her to call her mother. When the informant came the accused caught hold her saree and started pulling it. She tried to escape but the accused caught hold her and threw her and started undressing her. Informants daughter shouted loudly then some women came and tried to save her. In the meantime, the accused assaulted her with fist and slaps. Accused attempted to commit rape on her but he could not succeed.
3. On the basis of written report of informant a case was registered U/Ss. 342,376/511 and 323 of the Indian Penal Code against the accused. On completion of investigation, charge-sheet was submitted and cognizance of the offence was taken and the case was committed to the court of Sessions for trial. Charge was framed against the accused to which he pleaded not guilty and claimed to be tried.
4. Trial was held and on conclusion of trial accused was convicted and sentenced as aforesaid. Hence, this appeal.
5. C.W.-1 Dolly Dutta was examined as Court witness.The Prosecution has examined altogether six witnesses to prove its case.
PW-1 Chandana Dutta
P.W.-2 Sandhaya Das
P.W.-3 Sikha Dutta
P.W.-4 Ajay Mandal
P.W.-5 Subhas Dutta
P.W.-6 Vijay Mandal
6. Informant PW-1 Chandana Dutta stated that on 27.12.1997 at about 10:00 a.m. teacher Uttam Kumar came to her house and asked her daughter to give her result. Her daughter gave her result card to the teacher then the teacher asked her to call her mother. When she went near the accused he asked her daughter to go out. Then the accused caught her saree and started to undress her. She shouted then her daughter came and she also shouted. The accused tore her saree and started pressing her neck. She became restless then the accused assaulted her with fist blow on her leg. She gave information to the police upon which her signature was marked as Ext.1. She had stated in her cross-examination that she had passed class VIII. She does not know how to write Hindi. Her son is a student of class VI and her daughter is a student of class V. The teacher teaches both of them. She does not know about the amount of tuition fee rather her husband knows it. She does not know that when tuition fee used to be paid to the teacher. She does not know about any dues regarding tuition fee.
7. P.W.2, Sandhaya Das is the sister-in-law of the informant and she had stated that at about 10:00 a.m. she was cooking in the kitchen when she heard sound and came out. She saw that the accused was lying on the body of PW-1. The accused had torn saree of PW-1 and attempted to commit rape. She shouted when her sister in law Sikha Das came. 8. P.W.-3, Sikha Dutta has stated that on 27.12.1997 at about 10:00 a.m. she was present in her room in the same house when heard sound. She saw that Uttam Kumar, the accused was attempting to commit rape on PW-1 and he was lying on the body of the victim. Accused tore her blouse and saree.
9. PW-4, Ajay Mandal has stated that about one and half years ago at about 9-10 a.m. he was present in his house when heard sound from the neighbours house. He went and saw that the teacher (accused) was pressing
