BANDHU MAHTO Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard the learned Counsel for the appellants and learned Counsel for the state.

(2.) The instant appeal is directed against the the judgment of conviction dated 16.10.2001 and order of sentence dated 20.10.2001 passed by Sri Dhruv Narayan Upadhyay, Special Judge cum Additional Judicial Commissioner, Ranchi in S.T. No. 428 of 2000 by which judgment the appellant has been found guilty for the offence Under Section 376 of the I.P.C and convicted and sentenced to undergo R.I. for 7 years and to pay a fine of Rs. 1000/- and in default, further R.I. for 3 months.

(3.) It is submitted by learned Counsel for the appellant that it will appear from the evidences of the prosecutrix as given by her in the court and given by her to the police in her F.I.R that she had an affair with the accused from before and she was a consenting party and it is not a case of rape and accordingly, the doctor-P.W.5, who, examined the victim lady just after the date of occurrence found no sign of rape on her person. As such, the conviction of the appellant Under Section 376 of the I.P.C. is bad in law and fit to be set aside.