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2015 DIGILAW 1553 (JHR)

Butru Singh Munda v. State of Bihar

2015-12-11

RATNAKER BHENGRA

body2015
JUDGMENT Per Ratnaker Bhengra, J.: This Criminal Appeal is directed against the judgment dated 19.06.2000 passed by the learned Additional Sessions Judge, II, Seraikella, in S.T. No. 41 of 1997, whereby the above named appellant has been found guilty and convicted and sentenced to undergo rigorous imprisonment for seven years under Section 376 of the Indian Penal Code. 2. The prosecution case is in brief, as stated in the F.I.R. of victim girl is that on 26.07.1996 at mid day, she was alone in her house and her mother had gone to the field to work and her father had gone to Kukaru Market. In the meantime her neighbour Butru Singh Munda entered into her house and finding her alone committed rape on her. It is further submitted that she is a disabled girl and therefore, she could not resist in spite of her will. It is further submitted that in spite of the alarm raised by her no body turned up. Thereafter, hearing her alarm her younger sister Kiran Bala came running there and seeing her Butru Sing Munda fled away. When her parents returned home she narrated the entire incident to them. On the basis of the statement a case under Section 376 I.P.C. was registered and after completion of the investigation the charge sheet under Section 376 I.P.C. was submitted. 3. The prosecution in all has examined six witnesses, in this case, namely, Kiran Bala P.W.1, Biska, P.W.2, victim, P.W.3, Saryug Mahato, P.W.4, Gopal Chandra Das P.W.5, and lastly Bibha Saran P.W.6. 4. P.W.1, Kiran Bala-From the evidence of P.W.1, it transpires that she had gone for tending the cattle and when she returned in the noon she noticed that victim was weeping and when she entered the house she noticed Butru Singh Munda coming out of the house. She has further deposed that her sister can not move because she is disabled. Victim disclosed to her that Butru Singh Munda had committed rape on her. At the time of occurrence her parents were not available in the house and when they returned victim narrated the entire incident to them. In her cross, she has supported the prosecution case as well as the evidence in chief that she had seen Butru Singh Munda coming out of the house. 5. At the time of occurrence her parents were not available in the house and when they returned victim narrated the entire incident to them. In her cross, she has supported the prosecution case as well as the evidence in chief that she had seen Butru Singh Munda coming out of the house. 5. P.W.-2, Biska Mundaire-From the evidence of P.W.2, the mother of the victim girl, it transpires that she had gone outside for plantation of the paddy and when she returned in the evening victim disclosed to her that Butru Singh Munda after entering the house had forcibly committed rape on her. She has further deposed that her husband had gone to market and when he returned victim narrated the incident to him. In her cross she has deposed that the girl had told her that Butru Singh Munda had committed rape on her. She has further deposed that the accused had torn the pant of the girl. 6. P.W. 3-Victim Girl-From the evidence of P.W.3, it transpires that it was noon and her parents were not present in the house and her sister Kiran was not present in the house. She has further deposed that the accused Butru Singh Munda entered into the house and committed rape on her and thereafter, fled away. She had raised alarm but no body had turned up. She has narrated regarding the incident to parents. She had visited the police station along with her parents where her statement was recorded and after the same was read over to her she put her L.T.I. In her cross she has deposed that after the occurrence her younger sister had come and she had narrated regarding the incident to her parents and sisters. 7. P.W.4-Sarju Mahato-From the evidence of P.W.4 Sarju Mahato, the father of the victim girl it transpires that on the day of occurrence he had visited the village market and he returned in the night, when he was told that Butru Singh Munda had committed rape on victim. He has further deposed that Kiran Bala had told him that she had seen Butru Singh Munda fleeing away from the house. In her cross he has deposed that on the day of occurrence he was not present in the house. 8. P.W.6-Dr. Bibha Saran-From the evidence of P.W.6 Dr. He has further deposed that Kiran Bala had told him that she had seen Butru Singh Munda fleeing away from the house. In her cross he has deposed that on the day of occurrence he was not present in the house. 8. P.W.6-Dr. Bibha Saran-From the evidence of P.W.6 Dr. Bibha Saran, it transpires that she examined the victim girl and found her polio affected girl and she is not in a position to walk, but she crawled. From her evidence, it further transpires that the girl had recent sexual intercourse. 9. Learned counsel for the appellant has stated that the distance from nearest police station is 8 K.M and that no prosecution witness has actually, seen the crime taking place. 10. Learned APP has said that P.W. 1, Kiran Bala on reaching her house saw Butru Singh Munda fleeing away and noticed that her sister was crying. Her sister then disclosed to her that she was raped by the appellant. 11. Learned APP further submitted that P.W.2, and P.W. 4 Biska Mundaire and Sarju Mahato are the mother and father of the victim girl, and during the occurrence of the crime were away, but they were informed as soon as they had come home. 12. Learned APP has further submitted that, from the evidence of P.W.6, Dr. Bibha Saran, she had deposed that she was polio affected, hence cannot walk but crawls. It is further deposed that the girl had recent sexual intercourse. 13. Having gone through the records, and having heard the arguments of the counsels, and in the facts and circumstances, it seems to be a rather conclusive case and there is sufficient evidence to hold the accused appellant guilty of the offence under Section 376 of the I.P.C. The victim girl is herself the prime witness to her rape and she has said so as much in her fardbeyan that she was raped by the appellant Butru Singh Munda. In her deposition and cross-examination she had consistently supported the prosecution case. Her sister P.W.1, Kiran Bala also saw the appellant fleeing away from the house and hence she also supports the fardbeyan of the victim girl, her sister. More crucially, the P.W.6, Dr. Bibha Soren, has observed that the victim girl was polio affected and could not walk but crawled, that she had recent sexual intercourse. Her sister P.W.1, Kiran Bala also saw the appellant fleeing away from the house and hence she also supports the fardbeyan of the victim girl, her sister. More crucially, the P.W.6, Dr. Bibha Soren, has observed that the victim girl was polio affected and could not walk but crawled, that she had recent sexual intercourse. Taking in to account the deposition by P.W.1 and P.W.2, and the doctor's deposition would be corroborative of the offence of rape being committed by Butru Singh Munda. Hence, in the totality of facts and circumstances, I hold the appellant guilty of committing the offence under Section 376 I.P.C., and hence the appeal is dismissed. However, regarding the quantum of sentence or any if remaining, it has been communicated to this Court by the Superintendent of Police, Sarikella-Kharsawa, by memo No. 797/ G.S. Dated 22.07.2015 that Butru Singh Munda, aged about 45 years, s/o Nayan Singh Munda, resident of Village Harat, P.S. Ichagarh, District-Seaikella-Kharswan was convicted in P.S. Case No. 24/96, S.T. No. 41 of 97 and after completing his sentence was released from Hazaribagh Jail and presently residing at her village Harat, with his wife and son and doing agricultural work for his livelihood. Thus, the ends of justice seem to have been realized. Appeal dismissed.