SITA RAM SAH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THIS appeal has been preferred by the sole appellant named above against the impugned judgment and order dated 18.1.2003 passed in Sessions Case No. 218 of 2002 by Shri Ram Babu Gupta, Additional Sessions Judge, Fast Track Court No. II, Deoghar whereby and whereunder he has found the appellant guilty for the offence punishable under Section 366 -A/34 of the Indian Penal Code and has convicted him and sentenced him to undergo RI for eight years and to pay a fine of Rs. 20,000/ - and in default thereof to undergo simple imprisonment for one year and out of the fine amount 60% of it shall go to the complainant, i.e., father of the victim.

(2.) THE prosecution case has arisen on the basis of the complaint petition (Ext. 2) lodged on 24.8.2001 against the appellant beside one co -accused Arjun Yadav by PW 1 Bhim Sah, the father of Sarli Kumari aged about 13 years who is the victim of this case before the Court of Chief Judicial Magistrate, Deoghar regarding the occurrence which is said to have taken place on 12.9.2000 and it continued till 14,8.2001.

(3.) THE appellant has pleaded not guilty to the charge levelled against him and he claims himself to be innocent and to have committed no offence and that he has been falsely implicated in this case at the instance of the complainant who had enmity existing and alive with his agnate Ashok Sah who happens to be the son -in -law of this appellant.