SURENDRA TIRKEY Vs. STATE

JUDGEMENT

(1.) This Criminal appeal is directed against the judgment of conviction and sentence passed by the Ist Assistant Sessions Judge, Gumla dated 8.8.1995 in Sections Trial No. 2 of 1993 (C.A. No. 900 of 1992) (Gumla PS Case No. 235 of 1992), by which the learned Judge convicted the appellant under Section 376 of the Indian Penal Code and sentenced him to undergo R.I. for seven years.

(2.) The prosecution case, in brief, as alleged in the First Information Report, inter alia, is that the victim Punia Kachap submitted a written report before the police alleging therein that on 14.10.1992 in the evening at about 7 p.m. she had gone to easing along with Jayanti Minj at his village when the appellant Surender Tirkey caught hold the informant and got her down on the field and he also slapped her and thereafter he committed rape on her on the point of chhura. She was also threatened to keep quiet and thereafter the appellant fled away. The victim came to her house and narrated the incidence to her sister, Anjli Kachap and brother-in-law Ratia Oraon and thereafter she submitted the written report before the police, on the basis of which First Information Report was lodged. The police investigated into the case and submitted charge-sheet against the appellant. The appellant appeared in the Court below and thereafter charge was framed against him for the offence under Section 376/323 of the Indian Penal Code and the witnesses were examined.

(3.) Having heard both sides and after considering the evidence on record, the Court below convicted and sentenced the appellant in the manner as stated above.