LUKIN DEOGAM ALIAS CHADA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) : This appeal has been directed by the sole appellant named above against the judgment and order dated 12.12.2002 passed in Sessions Trial No. 15 of 2002 by Shri S.N. Prasad, 2nd Additional Sessions Judge, West Singhbhum at Chaibasa whereby and where under the appellant was found guilty for the offence punishable under Section 376 and 448 of the Indian Penal Code and he was convicted and sentenced to undergo R.l. for five years for the offence punishable under Section 376 and a fine of Rs. 1,000/ - and in default to undergo R.l. for six months and also to undergo R.l. for one year under Section 448 of the Indian Penal Code. However, both the sentences were ordered to run concurrently.

(2.) THE prosecution case has arisen on the basis of the F.I.R. (Ext. 3) lodged before the Muffasil P.S., West Singhbhum on 23.10.2001 at 17.30 hours by P.W. 3 Rani Kui, the informant and said to be the victim of ravishment in this case, regarding the occurrence which is said to have taken place between 11.00 and 12.00 o'clock in the night of 17.10.2001 inside her room in her house situate in village Tekarakattu, P.S. Muffasil, District West Singhbhum and a case was instituted against the appellant under Sections 376 and 448 of the Indian Penal Code.

(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 due to enmity. It has also been contended that he had also filed a case under Sections 323 and 341 of the Indian Penal Code against the appellant regarding the occurrence dated 23.10.2001 against the husband of the informant in which her husband was released on bail by the police and no occurrence as alleged by the informant has taken place on 17.10.2001 and she has filed this antedated case only with a view to wreck vengeance against the appellant.