KUNU BIRIWALA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The sole appellant has suffered the judgment of conviction under section 376 (2) (g), section 452 r/w section 34 of the Indian Penal Code, section 323 r/w section 34 of the Indian Penal Code dated 09.09.2013 and the order of sentence dated 13.09.2013 for the aforesaid offences in Sessions Trial No.105 of 2009.

(2.) The informant of this case is the victim lady herself. On the basis of her fard-beyan which was recorded on 05.03.2008 at 14:45 hrs. at Primary Health Center, Chakulia, Chakulia P.S Case No.13 of 2008 has been lodged against Kunu Biriwala and Chanchal Biriwala under section 376 and section 324 r/w section 34 of the Indian Penal Code. Later on, vide order dated 19.06.2008 the offence under section 376 (2) (g) of the Indian Penal Code has been added in the report. The appellant has faced the trial on the charge under section 452 r/w section 34 of the Indian Penal Code, section 323 r/w section 34 of the Indian Penal Code and section 376 (2) (g) of the Indian Penal Code; co-accused Chanchal Biriwala has absconded.

(3.) To prove the aforesaid charges against the appellant, the prosecution has examined 8 witnesses; the prosecutrix is P.W 6.