PACHU GOPE Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This appeal is directed against the judgment of conviction dtd. 26/8/2003 and order of sentence dtd. 26/8/2003 passed by the learned Additional Sessions Judge, Fast Track Court-III, Hazaribagh in Sessions Trial No. 79 of 2000 whereby and whereunder the appellant Pachu Gope has been convicted under Sec. 376/511 of IPC and sentenced to undergo Rigorous Imprisonment for three years. Prosecution Story

(2.) Briefly stating the prosecution case arising in the wake of written report dtd. 10/11/1999 of the informant (hereinafter referred to as ..victim..) is that on 7/10/1999, the informant had gone to Ghoghari Forest for collecting fire woods and her husband had gone to Hazaribagh for working as labour. It started raining at about 4 P.M., then she hide herself beneath Mahuwa Tree near her Ghoghari field to save herself from rain. In the meantime, accused Pachhu Gope who happens to be her Dewar (brother-in-law) came and caught her hand and breast with bad intention and forcibly fell her on the ground. She protested to this action due to which he did not succeed in committing rape on her. She shouted (Hulla), then accused- appellant Pachhu Gope fled away due to fear leaving behind her lying on the earth. She narrated the offence to her husband when he returned home in the evening and also to co-villagers Ramu Gope, Lado Gope and others. Her husband went to the house of Pachhu Gope to enquire about his misdeeds, then, the appellant and his brother (co-accused Basudeo Gope who has been acquitted during trial in the court below) abused him and assaulted him by danda (Thick stick) and slaps. She further stated that she did not go to the police for lodging information due to shame and prestige, but, now she came to police because both, the appellant and his brother Basudeo Gope who has been acquitted by the learned court below, were threatening her and her husband. .

(3.) On the basis of the aforesaid written report dtd. 10/11/1999 of the victim, a formal FIR was drawn vide Katkamsandi P.S. Case no. 137 of 1999 dtd. 10/11/1999 for the offence punishable u/s 376/511 and 323 of IPC and the investigation of the case commenced.