ARJUN YADAV Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The appeal is directed against the judgment of conviction dated 14.6.2001 and order of sentence dated 16.6.2001 passed by Sri Vivekanand Jha, 6th Additional Sessions Judge, Hazaribagh in Sessions Trial No. 26 of 1993, by which judgment he found the appellant, Arjun Yadav guilty under Sec. 376 of the Indian Penal Code and sentenced him to undergone R. I. for 5 years.

(2.) It is submitted by the learned counsel for the appellant that the entire prosecution case has been falsified by the evidence of the prosecution witnesses in court while the informant-P.W.3, Sanju Devi stated that no such occurrence took place as stated in the F.I.R. and even her husband stated that no such occurrence was reported to him by his wife and other P.Ws. 1, 2, 5 and 6 have tried to state that P.W.1, Fulwa Devi was raped by the accused on the date of occurrence, for which there is neither any F.I.R. nor any charge was framed for rape of P.W.1, Fulwa Devi and as such the conviction of the appellant is bad in law and only fit to be set aside.

(3.) On the other hand, learned counsel for the State has stated that although some of the witnesses, namely, P.Ws. 7 and 8 have stated that a Panchyati was held with regard to rape committed by the accusedappellant, Arjun Yadav on Sanju Devi on the date of occurrence, but admittedly Sanju Devi has not supported the case.