FUDI RAY Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Mr. Sanjay Kumar, learned counsel appearing for the appellant and Mr. Tarun Kumar, learned A.P.P. appearing for the State.

(2.) This appeal is filed against the judgment of conviction and order of sentence dated 14.12.2005 passed by Sri Indra Deo Misra, 2nd Addl. Sessions Judge, Jamtara in Sessions Case No.407 of 2001 and Sessions Case No.31 of 2003, whereby and whereunder the appellant has been convicted for the offence under Sections 341 and 376 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for four (04) years with a fine of Rs.1000/- for the offence under Section 376 of the Indian Penal Code and further rigorous imprisonment for three months for the offence under Section 341 of the Indian Penal Code, in default of payment of fine, further to undergo simple imprisonment for one month. Both the sentences were directed to be run concurrently.

(3.) The criminal law has been put into motion by lodging FIR dated 25.05.1989 wherein the prosecution story has been disclosed by P.W.4- Parwati Besra (prosecutrix/informant) that she went to jungle (Susumbera Forest) along with Suryamani Besra for collecting leaves on 14.05.1989. Both were collecting leaves at some distance in the jungle. Finding alone the prosecutrix, the appellant had committed rape upon her. She immediately informed the incident to Suryamani Besra (P.W.5) and both had come to the village and thereafter the incident was narrated before her husband and father-in-law. Efforts had been taken to held panchayati for this matter but panchayati could not be held, and as such, there was delay in lodging the FIR.