PAPPU YADAV Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) By Court: This appeal is directed against the judgment of conviction dated 09.10.2001 and order of sentence dated 10.10.2001 passed by the learned 1 st Additional Sessions Judge, Chatra in Sessions Trial No. 65 of 2000 convicting the appellant under sections 376 and 448 IPC and sentencing him to undergo R.I. for ten years and to pay a fine of Rs. 2,000/- and in default in payment of fine, to undergo imprisonment for one year for the charge under section 376 IPC and one year imprisonment for the charge under section 448 IPC. Both the sentences were directed to run concurrently.

(2.) The prosecution case in short is that in the forenoon of 22.6.1999 when the victim girl (PW2) was alone in the house and was washing clothes in the bathroom, the appellant, who was her neighbour, entered into her house and committed rape on her. She could not raise alarm as the appellant had closed her mouth. After committing rape, the appellant fled away. On the alarm of the prosecutrix, her neighbours including PW5 came.

(3.) Learned counsel for the appellant assailed the judgement of conviction on various grounds and submitted that the doctor has found the age of the victim girl to be about 18 years and opined that definite opinion about the rape cannot be given and that the F.S.L. Report (Ext.-9-C) produced to show stains of semen on the clothes of the victim girl, was not proved properly and though the appellant was arrested on the same day, but he was not medically examined. He lastly submitted that in any event, the appellant has remained in jailfor about five years and seven months out of the sentence of ten years and therefore, at least, the sentence may be reduced to the period undergone and the appellant is ready to deposit the fine amount imposed by the trial court.