GOKUL SAH @ BHUTKA SAH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The sole appellant has been convicted and sentenced to R.I for life under section 376 of the Indian Penal Code.

(2.) The victim lady is informant in this case. On the basis of her fardbeyan which was recorded on 25.01.1990, Borio P.S. Case No. 16 of 1990 was registered under section 376 of the Indian Penal Code against the appellant. During the trial the prosecution has examined nine witnesses; the prosecutrix is P.W.5 and her husband is P.W.3.

(3.) The defence set-up by the accused-appellant is that when he demanded payment of outstanding dues he has been falsely implicated by the prosecutrix at the instance of her husband. In support of his defence the accused-appellant has examined two witnesses who are the co-villagers.