CHANDRIKA PRASAD MAHTO Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The appeal is directed against the judgment of conviction and order of sentence dated 16th June, 2001 passed by Shri S. H. Kazmi, IVth Additional Sessions Judge, Dhanbad in Sessions Trial No. 22 of 2000, by which judgment he found the appellant guilty under Section 376 of the Indian Penal Code and sentenced him to undergo R.I. for 3 years.

(2.) It is submitted by the learned counsel for the appellant that the appellant has falsely been implicated in this case and it will appear from the complaint made by the father, Teso Mahto of the victim girl to the Panchyat, which has been proved by the defence as Ext.-A that no allegation of rape was made in the original complaint and subsequently after three days this false F.I.R. was lodged and 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 all the prosecution witnesses, including the victim girl, Paru Kumari, who was examined as P.W.8, has fully supported the prosecution case and as such the conviction of the appellant is well-founded and it requires no interference by this Court.