NAKUL MAHTO Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) This appeal is directed against the judgment of conviction and order of sentence dtd. 10/6/2003 passed by the learned Additional Sessions Judge, (Fast Track Court No.- II), Giridih in Sessions Trial No. 65 of 2002; whereby the sole appellant was convicted for the offence under Sec. 376 IPC and sentenced to undergo R.I. for 7 years with a fine of Rs.2000.00 and in default to pay the fine, to undergo further R.I. for 1 year under Sec. 376 IPC.

(3.) The prosecution case in short is that on 10/10/2001 at nearly 8 a.m. informant went to serve meal to ploughman in the field. Thereafter, she went to cut grass in arhar field. In the meantime, one unknown person came, caught hold of her and forcibly pushed her to the ground and stuffed saree in her mouth and committed rape upon her and fled away. Thereafter, informant came out and narrated the incident to Makul Mian (P.W.-10) who identified the fleeing person as Nakul Mahto.