KAUSHAR ANSARI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Mr. Arwind Kumar, learned counsel for the appellant and Mrs. Nehala Sharmin, learned A.P.P. for the State.

(2.) This appeal is directed against the judgment and order of conviction and sentence dtd. 11/8/2015 (sentence passed on 20/8/2015) passed by Sri Ramesh Kumar Srivastava, learned Additional Sessions Judge-II, FTC, Bermo at Tenughat in Sessions Trial No. 407/2006, arising out of Nawadih P.S. Case No. 66/2006, corresponding to G.R. Case No. 624/2006, whereby and whereunder the appellant has been convicted for the offence u/s 376 of the Indian Penal Code and has been sentenced to undergo R.I. for 10 years along with a fine of Rs.10,000.00 and in default of payment of fine he has been sentenced to undergo R.I. for a further period of 03 months.

(3.) A fardbeyan was recorded by Khesma Khatoon on 22/8/2006 in which it has been stated that Kaushar Ansari (appellant) had a tiff with his family as a result of which he started staying in a rented accommodation for the last eight months in a room situated in the house of the informant. It has been alleged that the accused used to regularly visit the house of the informant and also promised to marry her. Being allured by such promise the informant had established physical relationship with the accused. It has been alleged that such relationship continued frequently and when the parents of the informant had a whiff of such immoral activities the accused was ousted from his rented accommodation. After some days the informant could realize that she had become pregnant on account of such physical intimacy with the accused and when the accused was requested to solemnize marriage he started avoiding such proposal and ultimately threatened the informant and her parents and refused to solemnize marriage with the informant. Based on the aforesaid allegations Nawadih P.S. Case No. 66 of 2006 was instituted against the accused Kaushar Ansari for the offence punishable u/s 376 of the I.P.C. On conclusion of investigation charge-sheet was submitted u/s 376 and 493 of the I.P.C. and after cognizance was taken the case was committed to the Court of Sessions where charge was framed u/s 376 of the I.P.C. which was read over and explained to the accused in Hindi to which he pleaded not guilty and claimed to be tried.