MAHABIR MANJHI Vs. STATE OF JHARKHAND

JUDGEMENT

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

(2.) This appeal is directed against the judgment of conviction dated 18.09.2001 and order of sentence dated 20.09.2001 passed by Shri Alakh Kumar Dubey, learned Sessions Judge, Bokaro in Sessions Trial No. 223 of 1999, by which judgment, he found the sole appellant, Mahabir Manjhi guilty for the offence under Section 376(g) of the Indian Penal Code and sentenced him to undergo rigorous imprisonment for ten years.

(3.) It is submitted by learned Counsel for the appellant that the conviction of the appellant under Section 376(g) of the Indian Penal Code is bad in law and fit to be set aside. It is also submitted that the prosecution case has not been supported by the employer of the victim-prosecutrix, who accompanied her to the police station and the investigating officer also found no connecting materials like the rope, by which the husband of the prosecutrix was tied nor he recovered the lantern, by which the prosecutrix has claimed to identify the accused, and as such, the conviction of the appellant for the offence under Section 376(g) of the Indian Penal Code is bad in law. Moreover, it is submitted that the doctor also found no sign of rape and hence his conviction is only fit to be set aside.