BIJAY KUMAR MEHTA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This appeal is directed against the Judgment of conviction and order of sentence dated 25.3.2011 and 26.3.2011 respectively, passed by learned Additional Sessions Judge, FTC-II, Hazaribagh, in Sessions Trial No. 211 of 2006, convicting the appellant under section 376 of the Indian Penal Code and sentencing him to R.I. for seven years and also fine of Rs.2,000/-. In case fine is not paid, a further imprisonment of six months was imposed.

(2.) The prosecution case in short is that the informant-Veena kumari lodged the First Information Report on 24.1.2005 inter alia alleging that she was aged about 17 years. The appellant used to visit her house. One day finding her alone, he committed rape on her on the fear of weapon and then continued sexual exploitation on the pretext of marriage. On 23.11.2004, the appellant took her on some pretext. On 24.11.2004, he took her to Hazaribagh court and got certain documents signed by her for solemnizing marriage. Thereafter, the informant and the appellant started living in the house of the sister of the informant. The other accused persons came and threatened her with dire consequences when the appellant said that he has to do what his family members direct. Then a demand of Rs.1 lac and one Hero Honda Motorcycle was made by the accused persons for solemnizing marriage and they took the appellant from the house of her sister. The appellant expressed fear that the accused persons may cause loss of life and property to her and her family members, therefore a request was made to take proper action.

(3.) The learned court below framed charges under sections 366A, 376 and 109 of the Indian Penal Code and Section 4 of the Dowry Prohibition Act. The trial court has convicted the appellant only under section 376 IPC and has acquitted him on other charges.