LAWS(SC)-2006-9-127

TARKESHWAR SAHU Vs. STATE OF BIHAR

Decided On September 29, 2006
TARKESHWAR SAHU Appellant
V/S
STATE OF BIHAR Respondents

JUDGEMENT

(1.) This appeal is directed against the judgement of the Jharkhand High Court at Ranchi, Jharkhand passed in Criminal Appeal No. 277 of 1999, dismissing the appeal filed by the Appellant and upholding the judgement of the Additional Judicial Commissioner, Ranchi, whereby the Appellant was found guilty for the offence punishable under Ss. 376/511 of Indian Penal Code and was sentenced to undergo rigorous imprisonment for seven years.

(2.) Facts which are necessary to dispose of this appeal, in nutshell, are as follows.

(3.) Looking to the gravity of the offence, we ourselves have examined the entire evidence and documents on record. Even on close scrutiny and marshalling of evidence, we could not persuade ourselves to take a different view than taken by the courts below as far as the conviction of the appellant is concerned. In our considered view, the prosecution version is both, truthful and credible. We are clearly of the view that the appellant had forcibly taken the prosecutrix to the Gumti to outrage her modesty but before he could do anything, on raising an alarm by the prosecutrix, the father of the prosecutrix and other villagers had assembled there and she was rescued.