BORO HANSDA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Mr. Ajay Kumar Pathak, the learned counsel appearing on behalf of Mr. Niraj Narayan Mishra, the learned counsel for the appellant as well as Mr. Manoj Kumar Mishra, the learned APP appearing on behalf of the State.

(2.) This criminal appeal is directed against the judgment of conviction dated 17.02.2010 and the order of sentence dated 18.02.2010 passed by the learned Sessions Judge, Pakur in Sessions Case No. 148/ 2008 of 126/ 2009, whereby and whereunder, the appellant was held guilty for the offence under sections 376 of the Indian Penal Code (in short IPC) and sentenced him to undergo RI for a period of seven years under Section 376 IPC.

(3.) The prosecution case, in brief, as per the written report of the prosecutrix or the alleged victim or PW-3 (name concealed) given on 28.03.2008 to the officer-in-charge of Pakuria police station, District-Pakur is that the prosecutrix is aged about 19 years old. Prosecutrix further stated that last year in the month of July, 2007 she was alone in her house and her mother had gone to visit relative and in that particular night at about 10:00 p.m. when she was sleeping, then the accused Boro Hansda entered and forcibly committed rape upon her. When she raised alarm then the accused shut her mouth and threatened her with dire consequences. She started weeping, then the accused assured to marry her but told not to disclose it to anyone. Victim further stated that due to fear and due to her prestige, she remained silent. By taking the advantage of this situation the accused Boro Hansda kept relationship with her and due to this relationship she became pregnant. Thereafter, when she was pregnant for about three months then she told to the accused but, first of all he was happy and then he refused. Then, she told about the occurrence to her brothers and mother. Victim has further stated that a social meeting was held in the village but, the accused Boro Hansda and his father refused to come. Thereafter, she went to the house of the accused persons several times but both the accused and his father told her to get away.