DURGA PRASAD ROY Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The judgment of conviction and order of sentence under Ss. 376 and 342 of Indian Penal Code is under challenge in the instant appeal.

(2.) As per the fardbeyan of Karuna Devi recorded on 15/10/2010, at 8:30 pm in the night her daughter, (victim girl), aged about 14 years had gone outside near hand pump for washing her feet but did not return, therefore she went out with a torch after a while to look for her. While searching, she went to the house of Sahdeo Rai and found that the appellant was committing rape with her daughter and on this, she assaulted the boy with stick and he fled away from there. On hulla, her husband-Mahendra Rai and brother-in-law Abhimanyu Rai and Yogendra Rai came there.

(3.) On the fardbeyan, Pathargama P.S. Case No. 158 of 2010 was registered under Sec. 376 of Indian Penal Code against the appellant. Police on investigation found the case true and submitted charge sheet under Ss. 341, 342, 366A and 376 of the Indian Penal Code. After cognizance, charge was framed and the appellant was put on trial.