THAKUR TIU Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) By Court. This appeal is directed against the impugned judgment of conviction and sentence passed on 3rd September, 2002 and 5th September 2002 respectively, by Sri Ajit Kumar Thakur, 3rd Additional Sessions Judge, Chaibasa in Sessions Trial No. 49 of 1996, whereby the sole appellant has been found guilty for committing the offence under Section 376 of the Indian Penal Code and, thereby, he has been sentenced to undergo. R.I. for seven years.

(2.) The prosecution case, in brief, is that Lakshmi Gagrai, the informant lodged the F.I.R., before the police on 13/12/1995 at 17.00 hours at her house that on 06/12/1995, at about 1.00 in the day when she was going to the house of her 'Phuphu'-Suraj Mani Laguri (PW-6) and reached near Toongri Jangal, the appellant met, who caught her, thrown her on the earth and committed rape on her. She all along protested and threatened to tell about it to others but the appellant did not stop. After committing rape, he gave Rs. 10/- to her and told not to narrate the incident to anyone. The appellant, then, accompanied her half of the way and returned.

(3.) Mr. Ananda Sen, learned counsel appearing for the appellant assailed the impugned judgment on various grounds and submitted that the prosecution has failed to prove its case beyond all reasonable doubts. He further submitted, that the appellant was an young boy of tender age may be between 18-19 years on the date and time of alleged occurrence; and that he has suffered this prosecution from the year 1995 and he also remained in jail custody for a total period of about eight months.