SANJAY YADAV Vs. THE STATE OF JHARKHAND

JUDGEMENT

(1.) THE appellant has filed the instant Criminal Appeal for setting aside the judgment dated 11.09.2007 passed by the Sessions Judge, Godda, whereby the trial court has convicted the appellant namely Sanjay Yadav under Section 376 I.P.C. and sentenced him to undergo R.I. for seven years and also to pay a fine of Rs.5,000/ -, and in default of payment of fine, he will further undergo R.I. for six months for the offence committed by him under Section 376 I.P.C.

(2.) THE case of the prosecution, in brief, is that the informant, namely Kanchan Devi (victim lady) has given a written report to the Officer In -charge, alleging therein that on 21.3.2006, at about 11:30 A.M., the informant along with her mother -in -law namely Bano Devi and her sister -in -law (Gotni) namely Manorama Devi had gone to Jagatpur Bahiyar to lift bundles of Khesari crops and while she was returning back to her home alone, along with the bundles of Kherasi crops, near the Maize Field, the accused appellant Sanjay Yadav who was cutting grass suddenly came from the back and snatched the bundles of Khesari crops carried by her and put on a Gamchha in the neck of the victim lady and dragged her on the maize field, upon which she tried to raise alarm, but she was put under threat of weapon -'Khurpi, thereafter, the accused -appellant forcibly took her in the Maize Field and used criminal force and wrapped a Gamchha on her eyes and pushed her on the ground and forcibly committed rape on her, and thereafter, he fled -away. The victim - informant returned back to her home and narrated the entire occurrence to her mother -in -law and her sister -in -law (Gotni). As her husband was not in the house, so she could not file the written statement in the police station on the same day. On the basis of the aforesaid written report of the informant, the case has been registered under Section 376 I.P.C. against the accused -appellant Sanjay Yadav i.e. Pathergama (Basantrai) P.S. Case No.39 of 2006. After the investigation, the charge -sheet was submitted under Section 376 I.P.C. against the appellant and in due course, the case was committed to the court of Sessions.

(3.) BESIDES the ocular evidence, the prosecution has adduced several documentary evidence, and they are as follows: