HIRA LAL MURMU Vs. THE STATE OF JHARKHAND

JUDGEMENT

(1.) THIS appeal is directed against the judgment of conviction dated 5.9.2002 and order of sentence dated 6.9.2002 passed by Shri Binay Kumar Sahay, Additional Sessions Judge -XIII, Dhanbad in Sessions Trial No. 241 of 2001 arising out of Baliapur P. S. Case No. 80 of 2000 (G.R. No. 3231 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 seven years and to pay a fine of Rs. 1000/ - and in default of payment of fine further sentence to undergo R.I. for one year more.

(2.) IT is submitted by the learned Counsel for the Appellant that the Appellant has falsely been implicated in this case due to village enmity. Although the victim lady in her F.I.R. stated that she was caught and took her to Jungle and she was raped by this Appellant, but in her examination -in -chief she admitted that she does not recognize the Appellant. In her examination -in -chief, she further admitted that just of the occurrence on hearing 'Hullah' her husband came along with her mother -in -law, but the husband has also not supported the prosecution case as he stated that on the date of occurrence he was at Dhanbad and not present at here and as such the prosecution is doubtful and the Appellant is entitled to be given benefit of doubt and acquitted from the charges leveled against him.

(3.) AFTER hearing both the parties and going through the record, I find that the prosecution case was started on the basis of a Fardbeyan given by the victim girl, Sajda Khatoon -P.W. 5 stating therein that on 31.10.2000 when she was returning to her home after easing her neighbour Hiralal Murmu, the accused came out from the bush and shut the mouth of the informant with one hand and dragged her towards the jungle and committed rape upon her. On hullah being raised, her mother -in -law and her husband came there. On seeing them the accused ran away.