NARESH BHOGTA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) By Court: Heard Mr. A. K. Sahani, learned counsel for the appellant and Mrs. Laxmi Murmu, learned A.P.P. for the State.

(2.) This appeal is directed against the judgment of conviction dated 24.06.2004 and order of sentence dated 28.06.2004 passed by Mr. Arun Kumar, learned Additional Judicial Commissioner (F.T.C.), Ranchi in S. T. No. 473 of 2002, whereby and whereunder the appellant has been convicted for the offence under Section 376 I.P.C. and has been sentenced to undergo R.I. for 7 years as also to pay a fine of Rs. 500/-.

(3.) The prosecution story is in brief is that on 17.08.2001 in the evening at about 5 P.M., the informant was present in her house and her husband had gone to Ranchi for arrangement of money and the mother-in-law of the informant was also not present, when the appellant had entered into the house of the informant and bolted the door from inside. It has been alleged that thereafter she was subjected to rape. It has further been stated that the informant could not resist the aggression of the appellant as she was suffering from Malaria and the appellant had succeeded in his desire to establish physical relationship with the informant forcibly. It has further been alleged that when the husband of the informant returned back at 6 P.M. and told her to open the door, the appellant did not allow her and as a result the husband of the informant had to enter inside through the roof wherein the appellant was caught and he was ultimately handed over to the police.