GOPAL RAM Vs. STATE

JUDGEMENT

(1.) This is an appeal against the Judgment dated 27th April, 2006 and Order on Sentence dated 29th April, 2006, whereby the appellant was convicted under Sections 376 IPC and was sentenced to undergo RI for 10 years and to pay a fine of Rs. 4,000/- or to undergo RI for one month in default.

(2.) The case of the prosecution is that on 30th September, 2005, the appellant, who was residing as a tenant in the house of the aunt of the prosecutrix, took the prosecutrix to his room on the first floor and after removing her cloths as well as his own cloths, he raped her. Thereafter, the appellant gave one rupee to the prosecutrix and asked her not to narrate the incident to anyone. He also threatened to kill her in case she disclosed the incident to anyone. When the aunt of the prosecutrix came back from the village after a few days, she disclosed the whole incident to her. The aunt brought her to the Police Station and lodged FIR on 8th October, 2005.

(3.) The prosecutrix came in the witness box as PW-3, but did not support the case of the prosecution, as set out in the FIR. She stated that the accused was not known to her and she was not aware as to in which room he was residing at the time she was residing in the house of her aunt. She was cross- examined by the learned AP and during cross- examination, she said that she had pardoned the appellant and may be let off. She, however, expressed ignorance as regards the folly for which she had pardoned the appellant and felt ashamed in telling those facts. She, however, denied" the suggestion that when her aunt was away, the appellant had taken her to his room and tried to have sex with her. However, she admitted that when they started from their house, it was discussed that the appellant had committed a folly and he had to be taken out of shackles.