BIMAL MANDAL Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS appeal at the instance of the appellant is directed against the impugned judgment and order dated 3.8.1998 and 2.11.1998 respectively passed in Sessions Case No. 147 of 1997/106 of 1997 by Shri Amitav Kumar Gupta, 6th Additional Sessions Judge, Dumka, 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 nine years and to pay a fine of Rs. 2,000/ - and in default thereof to undergo R.I. for six months.

(2.) THE prosecution case has arisen on the basis of fardbeyan (Ext. 2) of informant PW 4, Jharna Kumari aged between 18 and 20 years and the alleged victim of ravishment of this case recorded by S.I. Banshidhar Jha (PW 5) O.C., Binda Pathar P.S. District Dumka (now Jamtara) on 19.12.1996 at 11.00 hours at the said police station regarding the occurrence which is said to have taken place on 16.12.1996 at 9.30 hours in the gohal of the appellant situated in village Mohanpur, P.S. Binda Pathar, District Dumka and a case was instituted against the appellant by drawing of a formal FIR (Ext. 3) on 19.12.1996 at 18.00 hours and the said fardbeyan and the FIR was received on 21.12.1996 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 that he has been falsely implicated in this case with a view to coerce him to get his marriage solemnized with the informant.