LAWS(JHAR)-2003-9-65

SITARAM CHAUDHARY Vs. STATE OF JHARKHAND

Decided On September 24, 2003
Sitaram Chaudhary Appellant
V/S
State Of Jharkhand with Respondents

JUDGEMENT

(1.) BOTH the appeals have been heard together and are being disposed of by this common judgment, as both arise out of the same judgment.

(2.) BOTH the appellants were convicted for an offence under Section 376(2)(g) and 452, IPC and were sentenced to undergo RI for 10 years and a fine of Rs. 25,000/ -and in default, to undergo Rl was awarded for the offence under Section 452, IPC, besides a fine of Rs. 5,000/ - and in default, to undergo RI for 1 year and the fine so realized be given to the victim. However, both the sentences were to run concurrently.

(3.) OUT of the nine PWs examined, five turned hostile even the mother, father and husband ot the prosecutrix. Four witnesses, who did not turn hostile are the Doctor (PW 5), prosecutrix (PW 2), seizure list witness of bangle broken pieces Sarju Choudhary and the IO (PW 9).