ALAM ANSARI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) .This appeal is directed against the judgment of conviction and order of sentence dated 9.10.2002 and 22.10.2002 respectively passed by the Additional Sessions Judge, F.T.C. -III, Bokaro in connection with S.T. Case No. 323 of 1998, whereby and whereunder the appellant has been convicted under Section 376 of IPC and sentenced to undergo R.1. for seven years

(2.) , The case of the prosecution, in short is that the daughter of informant was going to the house of her maternal aunt on 19.9.1996 at about 1 P.M. and when she reached near the house of the appellant, the appellant forcibly dragged her in his house and committed rape upon her. It is further stated that after the occurrence she returned to her house and disclosed about the incident. It is further stated that on the same day informant called a Panchayati in the village, in which Panches directed the appellant to marry with the girl. Appellant refused to do so. Thus, the present case has been lodged.

(3.) FROM perusal of record, I find that learned Court below framed and explained the charge to the appellant under Section 376 of the IPC, to which he pleaded not guilty and claimed to be tried. Thereafter prosecution examined altogether 11 witnesses in support of its case. It appears that after close of the case of prosecution, statement of appellant recorded under Section 313 of the Cr.P.C. in which his defence is of total denial and false implication. The appellant also examined two defence witnesses. It then appears that after considering the evidence available on record, learned court below convicted and sentenced the appellant as aforesaid, against that present appeal has been filed.