DINESH RAM Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard the learned Counsel for the Appellant and the learned Counsel for the State.

(2.) The instant appeal is directed against the judgment of conviction dated 7.10.2002 and order of sentence dated 3.10.2002 passed in S. T. No. 27 of 2000 by Shri Dilip Kumar Sinha, Sessions Judge, Lohardaga, by which he found the sole Appellant, Dinesh Ram guilty under Section 376 of the Indian Penal Code and sentenced him R.I. for five years and fine of Rs. 1,000/- (One thousand) for his conviction under Section 376 of the Indian Penal Code and in case of default of payment of fine, he is sentenced to undergo an additional period of imprisonment for six months.

(3.) It is submitted by the learned Counsel for the Appellant that there is no evidence of rape except the informant herself, who said to be alone at the place of occurrence which is far away from the village on hillock and the Appellant has remained in custody during trial from 21.7.1999 till the appeal about three years and six months. Further, prosecution has not proved its case beyond reasonable doubts.