PAPPU RAJAK Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The appeal is directed against the judgment of conviction dated 9-1-2002 and order of sentence dated 15-1-2002 passed by Sri Jagarnath Mishra, Additional Sessions Judge, Pakur in Sessions Trial No. 7 of 1996, by which judgment he found the appellant guilty under Section 376 of the Indian Penal Code and sentenced him to undergo R. I. for 7 years and also found him guilty under Section 366(A) of the Indian Penal Code and sentenced him to undergo R.I. for 5 years. However, both the sentences shall run concurrently.

(2.) It is submitted by the learned counsel for the appellant that it will appear from the prosecution case as also from the evidence of the prosecutrix, who was examined as P.W. 4 stated that she stayed at Behrampur (Bengal) with the appellant, Pappu Rajak for about four months and raised no 'Hullah' or no complaint to anybody and she even made an application for her marriage before the Registrar of Marriage, Behrampur (Bengal) and as such it is a case where she has consented as she lived with him as wife and husband, hence the conviction of the appellant is bad in law and fit to be set aside.

(3.) On the other hand, learned counsel for the State has opposed the prayer and submitted that it will appear from the statement of the witnesses as also the fact as stated by the informant and age assessed by the Court that on the date of occurrence the victim girl was a minor girl aged about 14-15 years and as such consent of a minor has got no value and the appellant under wrong influence abducted her and committed rape upon her and as such the accused-appellant has rightly been convicted and it requires no interference by this Court.