2026:JHHC:18964 (Cr. Appeal (S.J.) No. 1422 of 2005) IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr. Appeal (S.J.) No. 1422 of 2005 -------- [Against the judgment of conviction and sentence dated 05.09.2005 passed in Sessions Case No. 290 of 1992 / Sessions Trial No. 35 of 2002 by the learned 1st Addl. Sessions Judge, Rajmahal.] Seram Hembram @ Shri Ram Hembram, S/o. Late Shyam Hembram, resident of Village- Keshro, P.S.- Ranga, Dist.- Sahibganj. ... ... Appellant Versus The State of Jharkhand …… Respondent -------- CORAM: HON’BLE MR. JUSTICE PRADEEP KUMAR SRIVASTAVA -------- For the Appellant : Mr. Gautam Kumar, Advocate : Mr. Ashutosh Kr. Sinha, Advocate For the State : Mr. Pankaj Kr. Mishra, A.P.P. -------- J U D G M E N T Dated: 30th June, 2026 By Court:- 1. Heard learned counsel for the appellant and learned A.P.P. 2. This criminal appeal is directed against the judgment of conviction and sentence dated 05.09.2005 passed in Sessions Case No. 290 of 1992 / Sessions Trial No. 35 of 2002 by the learned 1st Addl. Sessions Judge, Rajmahal, whereby and whereunder, the appellant has been convicted under Sections 341 & 392 of the I.P.C. and sentenced to undergo R.I. for two years alongwith the fine of Rs. 1000 for the offence under Section 392 of the I.P.C. and S.I. for one month for the offence under Section 341 of the I.P.C. Factual Matrix 3. The factual matrix giving rise to this appeal is that on 23.10.1991 at about 5:00 P.M., the informant victim was returning from Barharwa Bazar after purchasing clothes. Due to non-availability of vehicle, she 2026:JHHC:18964 2 (Cr. Appeal (S.J.) No. 1422 of 2005) was returning through the road near Vorna Mountain. In the meantime, the present appellant including co-convicts, namely, Bindu Hembrom, Arjun Hembrom and Jitrai Hembrom suddenly came there and surrounded her. The accused Bindu Hembrom caught hold of her hand and took her to a nearby khadan. Thereafter, all the accused except Bindu Hembrom went away. The accused Bindu Hembrom fell her down and committed rape on her. The accused Bindu Hembrom committed rape four time over night and took away silver chain and ornaments. It is further alleged that accused Bindu Hembrom was married with the informant five years ago and when the informant became grown up, she divorced him according to Santhali customs. It is further alleged that when the informant was returning to her house crying, her mother Nilmuni Marandi and father Betka Hansdah met her on road and she narrated about the occurrence and thereafter, she alongwith her mother went to the police station. 4. On the basis of written report of the informant, Ranga P.S. Case No. 67 of 1991 was registered for the offence under Sections 341, 376 & 379/34 of the I.P.C. against all the accused persons. 5. After completion of investigation, the charge-sheet was submitted against the above named appellant and co-accused persons and after taking cognizance, the case was committed to the court of Sessions, where Sessions Case No. 290 of 1992 / Sessions Trial No. 35 of 2005 was registered. The accused persons have denied the charges levelled against them and claimed to be tried. 2026:JHHC:18964 3 (Cr. Appeal (S.J.) No. 1422 of 2005) Submissions on behalf of the appellant:- 6. Learned counsel for the appellant has submitted that the present appellant has been held guilty for the offence under Sections 392 & 341 of the I.P.C. As per F.I.R. itself, there is allegation against the present appellant that at the time of alleged offence, he was only present with the victim rather all the allegations are attributed on accused Bindu Hembrom (since deceased). Admittedly, the appellant is brother of the accused Bindu Hembrom. It is also admitted fact that Bindu Hembrom was married with the victim lady but she had taken divorce as per customs prevailing in the Santhali community. The allegation of having sexual intercourse with the victim is only against Bindu Hembrom, for which he has been additionally convicted and sentenced under Section 376(A) of the I.P.C. The learned Trial Court without properly considering the evidence available on record held the appellant guilty for the offence under Sections 392 & 341 of the I.P.C., which is absolutely illegal and beyond the weight of evidence and liable to be set aside. In the alternative, it is further submitted that the appellant has remained in custody for 01 year, 03 months & 26 days during the pendency of trial and post-conviction. It is also submitted that the maximum sentence awarded to the appellant is R.I. for two years alongwith the fine of Rs. 1000 and the appellant was not extended the benefit of provision of Probation of Offenders Act. Therefore, the sentence awarded to the appellant may be reduced to the imprisonment already undergone. 2026:JHHC:18964 4 (Cr. Appeal (S.J.) No. 1422 of 2005) Submissions on behalf of the State:- 7. On the other hand, learned A.P.P. has defended the impugned judgment of conviction and sentence of the appellant on merits and has submitted that the victim/prosecutrix has categorically proved that the present appellant alongwith his three brothers surrounded her and co-convict Bindu Hembrom subjected her to rape and also taken away her silver jewelry and one thousand rupees. Hence, conviction and sentence of the appellant is justified under law and requires no interference in the impugned judgment, which is fit to be dismissed. Analysis, discussions and reasons: - 8. I have gone through the record of the case along with the impugned judgment and order in the light of the contentions raised on behalf of both side. 9. The only point for consideration of this appeal is, as to whether the impugned judgment of conviction and sentence suffers from any serious error or law calling for any interference or not? 10. Before adjudicating the above point, it is pertinent to apprise with the testimony of the witnesses examined during trial. It appears that altogether 06 witnesses have been examined by the prosecution. 1. PW-1 Gangadhar Saha 2. PW-2 Betka Hansda 3. PW-3 Smt. Nilmuni Marandi 4. PW-4 Victim 5. PW-5 Smt. Chulki Murmu 2026:JHHC:18964 5 (Cr. Appeal (S.J.) No. 1422 of 2005) 6. PW6- Dr. Sukhda Sinha Apart from oral testimony of the witnesses, following documentary evidence has been adduced:- I. Exhibit- 1 Fardbeyan II. Exhibit-1/1 Signature of victim on fardbeyan III. Exhibit-2 Injury report of the victim 11. It appears that the victim has been examined as PW-4. According to her evidence, she has stated that she was returning from Hatiya and when she reached near Gorna Pahar, all the accused persons including the present appellant surrounded her and it is alleged that Bindu Hembrom (since deceased) snatched her silver jewelry, thereafter, all the accused persons fled away to home and accused Bindu Hembrom took the victim to lonely place near Khadan and indecently assaulted her for overnight and left her in the morning and nothing else was committed by the accused. She has categorically denied commission of rape with her in her cross-examination and also retracted from her earlier statement. She also admits that when she was returning, no other person and villagers were present there. PW-6 Dr. Sukhda Sinha has examined the victim. No external injury was found over the external genital, hymen found ruptured, no marks of inflammation tenderness found on vaginal or face. Pathological report of vaginal swab- No spermatozoa found either dead or motile during microscopical examination of vaginal swab. Opinion- No definite sign of recent sexual intercourse found. 2026:JHHC:18964 6 (Cr. Appeal (S.J.) No. 1422 of 2005) PW-1 Gangadhar Saha is a formal witness, who has proved the written report. PW-2 Betka Hansdah is the father of the victim. He has stated in his evidence that his daughter had gone to Barharwa Bazar and she was wearing silver chain. He has further deposed that when his daughter did not return on that day, then on the next morning, he went out of the house in search of his daughter. His daughter met him on the road near Gorna Pahar then his daughter told him about the occurrence. In his cross-examination, he has stated that his daughter was earlier married to Bindu Hembrom. He has further deposed that he has not seen the occurrence himself. PW-3 Smt. Nelimuni Marandi is the mother of the victim. She has also stated the same evidence that the victim had gone to Barharwa Hatiya and she did not return. On the next day, she went out in search of her, then her daughter met her near Gorna Pahar. She has further stated that her daughter told her about the occurrence. She has further stated that at present victim has married with another man and has been living at Barhait. PW-5 Smt. Chulki Murmu is a hostile witnesse. She appears to be the hearsay witness as she has stated that she had heard about the occurrence. 12. From the evidence of victim, who appears to the sole eye witness of the occurrence, has categorically attributed no overt act against the present appellant. In the F.I.R. itself, no specific overt act has been mentioned against the present appellant. It further appears that the 2026:JHHC:18964 7 (Cr. Appeal (S.J.) No. 1422 of 2005) present appellant has been made accused in this case only on being brother of the accused Bindu Hembrom. There is no evidence against the present appellant that he had snatched the silver jewelry. 13. In view of above discussion and reasons, I find that the learned Trial Court has arrived at wrong conclusion holding the present appellant guilty and convicted him. Therefore, conviction and sentence of the present appellant suffers from serious error of law, which is, hereby, set aside. The appellant is acquitted from the charges levelled against him. 14. Accordingly, this appeal is allowed. 15. It appears that the appellant is on bail. Therefore, he is discharged from the liability of bail bond and surety is also discharged. 16. Pending I.A(s), if any, is also disposed of accordingly. 17. Let a copy of this judgment along with Trial Court Records be sent back immediately to the court concerned for information and needful. (Pradeep Kumar Srivastava, J.) High Court of Jharkhand at Ranchi Dated: 30th June, 2026 Rahul- NAFR Uploaded on- 02/07/2026