FULESHWAR MAHTO Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Mr. R.C.P. Sah, learned counsel appearing for the appellant and Mr. Tapas Roy, learned A.P.P. appearing for the State.

(2.) This appeal is filed against the judgment of conviction dated 25.02.2006 and order of sentence dated 27.02.2006 passed by Mohammed Kasim, Addl. Sessions Judge (F.T.C.)-II, Seraikella in Sessions Trial No.105 of 2005, whereby and whereunder the appellant has been convicted for the offence under Section 376 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for seven (07) years and a fine of Rs.2000/-. In default of payment of fine, further to undergo simple imprisonment for three months.

(3.) The criminal law has been put into motion by lodging FIR by the victim-Kumari Seema Behra by submitting written complaint in her own handwriting and the same was registered as Kharsawan P.S. Case No.14 of 2005 dated 15.04.2005. It has been alleged that when the victim was a student of class-8, the appellant used to follow her. Subsequently the accused had established physical relation with her against her will and on the pretext of marriage continued for about two years. Learned counsel for the appellant has submitted that before lodging FIR, menstrual cycle of the victim has stopped and as such, she complained to her mother. Thereafter, mother of the victim took her for medical examination by a private doctor who confirmed that the victim is carrying pregnancy of about three months. Thereafter, panchayati was held but the appellant refused to marry with the victim rather he has offered some money for the termination of pregnancy and hence the present case has been lodged. Thereafter, the Investigating Officer referred the victim to Government Hospital, Seraikella on 16.04.2005 for medical examination by formulating four questions.