JAI KUMAR YADAV Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard the learned amicus curiae appearing for the appellant and the learned counsel for the state.

(2.) This appeal is directed against the judgment of conviction and order of sentence, both dtd. 15/5/2010 passed by the learned Sessions Judge, Godda in Sessions Case No. 151 of 2008 arising out of Boarijore (Lalmatia) PS case No. 123 of 2007, corresponding to GR Case No. 1035 of 2007, whereby and whereunder, the appellant has been convicted under Sec. 354, 323 and 341 of IPC and sentenced to undergo RI for one year and six months with fine of Rs.1,000.00, in default SI for one month for the offence under Sec. 354 IPC, RI for six months for the offence under Sec. 323 IPC and SI for fifteen days for the offence under Sec. 341 IPC and all the sentences were directed to run concurrently.

(3.) The prosecution case, in brief, as per the fardbayan dtd. 11/10/2007 of the PW-1 informant (name concealed) is that on 9/10/2007 at 6 pm the informant had gone to attend nature's call. When she was returning, then, at the down of Simana Bandh, in the east, appellant Jai Kumar Yadav, came there suddenly and caught hold of her neck and took the informant to paddy field of one Mahesh Yadav and pushed her on the ground and assaulted the informant with fist, below her eyes. The informant raised halla, but, the appellant shut the mouth of the informant with his right hand and committed rape upon her and thereafter, he fled away. The informant became senseless and was lying there till 10:00 pm, in the night and after regaining her sense the informant came near her house, then, her younger son Manoj Mahto (PW-2) and one Kailash Yadav took her to her house, where the informant again became senseless. She regained her sense at about 8:00 pm next day and then she narrated the occurrence to her husband. On 11/10/2007, the villagers caught hold of the appellant and brought the appellant to the house of the informant and then matter was reported to the Lalmatiya police.