BIPAT MANDAL Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS appeal at the instance of the appellant has been directed against the impugned judgment and order dated 16.4.1998 passed in Session Trial No. 22 of 1997/9 of 1997 by Sri Amod Prasad Ram, 1st Additional Sessions Judge, Dumka, Santhal Pargana whereby and whereunder the appellant was found guilty for the offence punishable under Section 376 of the Indian Penal Code and he was convicted and sentenced to undergo R.I. for 10 years and to pay a fine of Rs. 200/ - and in default thereof to undergo further R.I. for two months.

(2.) THE prosecution case has arisen on the basis of the written report of PW 10 Purnima Mandal, the informant and the alleged victim of ravishment in this case lodged before the Kundahit PS on 4.6.1996 at 11.30 hours regarding the occurrence which is said to have taken place on 3.6.1996 at 20.00 hours in the bush behind the house of PW 11 Mamta Rani Mandal, wife of Manik Chandra Chatterjee in village Kamlia P.S. Kundahit District Dumka now Jamtara and a case against the appellant was instituted by drawing of a formal FIR (Ext. 3) on that very day at 11.30 hours which was received on 5.6.1996 in the Court empowered to take cognizance.

(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 he has been falsely implicated in this got up case as he has refused to marry the informant under the pressure of PW 1 Bhagwati Mandal, PW 11 Mamta Rani Mandal and her husband Manik Chandra Chatterjee as the said Manik Chandra Chatterjee has illicit relationship with the informant.