Jharkhand High Court
Nandi Kui @ Nandi Tiriya vs The State Of Jharkhand on 13 September, 2019
Author: Rajesh Kumar
Bench: Rajesh Kumar
Criminal Appeal (SJ) No. 1519 of 2006
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(Against the judgment of conviction dated 30.08.2006 and order of sentence dated 06.09.2006 passed by Pradeep Kumar, Additional Sessions Judge, Fast Track Court-V, Chaibasa in Sessions Trial No. 284 of 2004/ S. T. R. No. 72 of 2005)
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Nandi Kui @ Nandi Tiriya ... ... Appellant Versus The State of Jharkhand ... ... Respondent
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For the Appellant :Mr.Ajit Kumar, Amicus Curiae. For the Respondent :Mr.Ram Prakash Singh, A. P. P.
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PRESENT HON'BLE MR. JUSTICE RAJESH KUMAR
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Heard Mr. Ajit Kumar, learned Amicus Curiae for the appellant and Mr. Ram Prakash Singh, learned A.P.P. appearing for the State.
This appeal is directed against the judgment of conviction dated 30.08.2006 and order of sentence dated 06.09.2006 passed by Pradeep Kumar, Additional Sessions Judge, Fast Track Court-V, Chaibasa in Sessions Trial No. 284 of 2004/ S. T. R. No. 72 of 2005 whereby and whereunder the appellant has been sentenced to undergo rigorous imprisonment for five years for the offence committed and punishable under Section 366 and 366 A of I.P.C.
The criminal law has been put into motion by lodging the F.I.R. dated 29.06.2004 at 9.00 hours at Kumardungi which has been registered as Manjgaon P.S. Case No.31/2004. The information has been given in Ho language, which has been translated by the village Munda Mahabir Hembrom. It has been alleged by the informant that on 20.06.2004 at 8.00 P.M. in the night, the victim girl was preparing bed for sleeping, her cousin sister-in-law, Smt. Nandi Kui (accused) came to her house and took the victim to her home. On reaching the home of Smt. Nandi Kui, the victim girl had been handed over to three boys, namely, Renso Khandait, Dasrath Maharana and Umesh Path Pingua. The three boys took her to a school and rape had been committed upon her by Dasrath Maharana. Thereafter she had been asked to return to home and on return she had informed her brother village Munda and others. Subsequently, fardbeyan was forwarded to O.C. Manjhgaon P.S. where F.I.R. has been lodged which has been registered as Manjgaon P.S. Case No.31/2004 dated 29.06.2004 under Sections 366, 366A, 376, 120B/ read with section 34 of the IPC against two known persons, namely, Renso Khandait and Nandi Kui and against two unknown persons.
On the basis of F.I.R., investigation has been started and finally after completion of investigation, police has filed charge-sheet against four persons, namely, Renso Khandait, Dasrath Maharana, Nandi Kui and Umesh Path Pingua. After cognizance was taken, the case was committed to the Court of Sessions where charge was framed under Sections 366, 366A, 376, 120 B read with 34 Indian Penal Code to which the appellant pleaded not guilty and claimed to be tried.
Renso Khandait and Dasrath Maharana have been charged under Section 376 (2) (g) of the IPC while two others have been charged under Sections 366, 366A and 120B of the IPC.
In course of trial, altogether ten witnesses have been produced by the prosecution.
One of the accused, namely, Umesh Path Pingua was juvenile and accordingly he has been tried by the Juvenile Justice Court and has been acquitted vide order dated 06.05.2005, which has been marked as Ext.-C in the present proceeding.
Dasrath Maharana has been sentenced for seven years with R. I. under Section 376 (1) of the IPC and further R.I. for 5 years under Section 366A of the IPC. Both the sentences shall run concurrently.
Dasrath Maharana has served out the sentence and thereafter he has been released vide order dated 01.05.2010. This Court accordingly has declared the appeal filed by Dasrath Maharana being Criminal Appeal (S.J.) No.05 of 2007 as infructuous.
Renso Khandait, who has been convicted for the offence under Sections 366 and 366A of the IPC has died during pendency of the present appeal and accordingly, the appeal filed by him being Criminal Appeal No.1707 of 2006 has been declared dismissed as abated vide order dated 26.06.2019. Thus the only alive accused is the present appellant, namely, Nandi Kui, who has been convicted under Sections 366 and 366A of the IPC and has been sentenced R.I. for 5 years. She was taken into custody during investigation on 27.07.2004. Vide order dated 05.01.2007, she has been enlarged on bail by suspending the sentence by this Court in the present appeal after serving 2 ½ years of sentence.
The role alleged against present appellant is that she being the Bhabhi of the victim girl had taken the victim girl to her home and handed over to three boys named above.
There are sufficient evidences to suggest that she had taken the victim girl to her home but so far as handing over to the three accused is concerned, there is no evidence except evidence of the prosecutrix.
Factum of rape has been established and accordingly, the accused-Dasrath Maharana has been convicted and he has served out the sentence. Two accused persons have accompanied Dasrath Maharana in which one of the accused, namely, Renso Khandait has been convicted but died during pendency of the present appeal and another namely, Umesh Path Pingua has been declared minor, who tried and acquitted by the Juvenile Court.
The role assigned to the present appellant is that she went in search of Hariya to the house of victim girl but not getting Hariya, she was asked to accompany to her home where she had handed over the victim to the above named persons. She has returned to her home after three days.
Considering the entire above facts, material available on record and the present age of the appellant (about 50 years), this Court finds that it would suffice, if the sentence imposed upon the appellant is modified. Accordingly, the sentence imposed upon the appellant is modified to the period already undergone.
The appellant namely, Nandi Kui @ Nandi Tiriya is on bail, she is discharged from her liability of her bail bond.
Accordingly, this appeal is disposed of with the aforesaid modification of the sentence.
Before parting with this judgment, since I have been properly assisted by Mr. Ajit Kumar, learned Amicus Curiae, I direct the Secretary, High Court Legal Services Committee, to make the payment of the prescribed remuneration to the learned Amicus Curiae.
(Rajesh Kumar, J) Jharkhand High Court at Ranchi The 13TH September, 2019 Shahid/N.A.F.R./