KALI CHARAN MAHTO Vs. THE STATE OF JHARKHAND

JUDGEMENT

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

(2.) THE instant appeal is directed against the judgment of conviction dated 7.6.2001 and order of sentence dated 13.6.2001 passed by Sri Sharang Dhar Singh, 5th Additional Sessions Judge, Dhanbad in Sessions Trial No. 346 of 1999 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 10 years and to pay a fine of Rs. 10,000/ - and in default, further S.I. for 5 years. He was further convicted for the offence Under Section 420 of the I.P.C and sentenced to undergo R.I. for 5 years and to pay a fine of Rs. 3000/ - and in default of payment of fine S.I. for 2 years. The aforesaid sentences were directed to run concurrently, however, in default of payment of fines imposed as aforesaid, both the period of sentence will run consecutively.

(3.) ON the other hand, learned Counsel for the state has opposed the prayer and submitted that prosecution case has fully been supported by the evidence of two eye witnesses, P.W. 2 and 4 and also by the witnesses, who attended the Panchayati in the village and as such the prosecution has fully proved the case beyond reasonable doubt. As has been settled even the version of the prosecutrix is sufficient to convict the appellant for the offence charged and hence the finding requires no interference by this Court.