HEMCHANDRA DAN Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This criminal appeal has been filed against the judgment of conviction dtd. 12/7/2010 and the order of sentence dtd. 16/7/2010, passed by the learned Additional Sessions Judge, Fast Track Court 6th, Dhanbad in Sessions Trial No. 142 of 2005, whereby, the appellant has been convicted for the offence under sec. 376 of the Indian Penal Code and sentenced to undergo RI for seven years with a fine of Rs.25,000.00 and in default thereof, appellant was directed to undergo SI for further period of four months. It was further ordered that period undergone during trial shall be set off.

(2.) The prosecution case, in brief, as per the complaint case being C.P. Case no. 557/ 2000 filed by the PW-1 complainant (name concealed) before the C.J.M, Dhanbad on 29/5/2000 is that on 22/5/2000 at 05:30 pm to 06:00 pm, the complainant PW-1 along with her younger sister Ganga Bala Dan (PW-2) had gone to nearby tank for defecation. The complainant had concealed herself near a bush and in the meantime two accused persons Hemchandra Dan (appellant herein) and Madan Chandra Dan came there.

(3.) The said complaint was transferred to the Court of the learned Judicial Magistrate, Dhanbad for inquiry under sec. 192 of the Code of Criminal Procedure and the learned Magistrate took cognizance under sec. 376 of the Indian Penal Code against the appellant and under sec. 341 of the Indian Penal Code against the co-accused Madan Chandra Dan and committed the case to the Court of Sessions. Here it is pertinent to note that other co-accused Madan Chandra Dan was absconding and hence the case was separated. Charges were framed against the appellant under Sec. 376(2)(g) and 341 of the Indian Penal Code and trial held. At the conclusion of the trail appellant was convicted and sentenced as aforesaid.