HARENDRA BOURI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) Above-named sole appellant has preferred this Criminal Appeal for setting aside the judgment of conviction dtd. 6/9/2006 and order of sentence dtd. 11/9/2006 passed by learned Additional Sessions Judge, XIIIth at Dhanbad in Sessions Trial No. 112 of 2004 (arising out of Tundi P.S. Case No. 50 of 2003), whereby and whereunder, the appellant has been convicted and sentenced for the offence under Sec. 376 of the I.P.C. and directed to undergo R.I. of five years along with fine of Rs.500.00 with default stipulation.

(3.) The factual matrix giving rise to this appeal is that on 1/10/2003 at about 1-2 P.M. while the informant (prosecutrix), aged about 16-17 years had gone to Village tank for washing clothes and to take bath and after washing clothes, she went to ease herself in the nearby field. In the meantime, present appellant taking advantage of the loneliness of the place came from behind and caught hold of the victim and committed rape with her. It is further alleged that the victim attempted to raise alarm, but the accused gaged her mouth. It is further alleged that fortunately the mother and aunt of the victim were also coming to take bath and seeing them, the accused fled away. The victim complaint to her mother and aunt about the said incident. Thereafter, they went to take bath in the pond and returned to their house. It is alleged that the father of victim had gone to attend his duty and returned at about 7:00 PM, then the matter was complained to the villagers and a Panchayati was also convened, but neither the accused nor his father turned up then F.I.R. was lodged on the next day at Tundi P.S. for the offence under Sec. 376 of the I.P.C. On the basis of written information, scribed by Ashok Bouri (P.W.-5) and Banshidhar Bouri (P.W.-7), victim put her RTI over the same.