JAGAN Vs. STATE

JUDGEMENT

(1.) APPELLANT is aggrieved by the impugned judgment and order of sentence dated 13.11.1997 and 17.11.1997 respectively vide which he had been convicted under Sections 366 and 376 of the IPC and had been sentenced to undergo rigorous imprisonment for 84 months and to pay a fine of Rs.8400/ -; in default of payment of fine to undergo RI for a period of 12 months for the offence under; separately for both the offences.

(2.) THE case of the prosecution emanates from the statement of the prosecutrix Kumari Kanchan examined as PW -4. Incident is dated 07.9.1996. As per her version while she was going to school to appear for her examination in the morning at 7.00 a.m. when she reached near gali no.10 accused Shambu Shah met her; he was a tenant in her uncle's house; he gave her some 'prasad' pursuant to which she became unconscious; she regained consciousness at the house of Shyama, the sister of co -accused Jagan. Jagan was present there; he was also known to PW -4 as he was also living as a tenant along with Shambu. Further version being that during her stay in the house of Shyama Jagan committed rape upon her against her will ten times; she made a complaint to Shyama but to no avail; she was rescued by the police from the house of Shyama. She was medically examined.

(3.) THE mother of PW -3 Dev Wati was examined as PW -2. She had stated that her daughter was studying in the 7th class; on the date of incident she was 14 years of age. The victim was recovered on 14.9.1996 from Badyun District i.e. from the house of the sister of Jagan.