HEMENDRA RAJAK Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The appellant has preferred this appeal against the Judgment of Conviction dtd. 27/8/2015 and Order of Sentence dtd. 31/8/2015 passed by the Additional Sessions Judge-III, Seraikella-Kharsawan in Sessions Trial No.225 of 2013, whereby the appellant has been held guilty and convicted for the offence punishable under Ss. 376 of Indian Penal Code and he has been sentenced to undergo rigorous imprisonment for ten years and a fine of Rs.10,000.00 for the offence under Sec. 376 of Indian Penal Code and has further been directed to pay compensation of Rs.50,000.00 to the victim and in default of payment of fine and compensation amount to undergo further rigorous imprisonment for six months.

(2.) Learned counsel for the appellant submits that false implication of the appellant is writ large in the testimony of the Victim (P.W.4) as well as her mother (P.W.1). Testimony of the Victim that she had suffered extensive injuries has been falsified in the medical evidence. Place of occurrence is a ditch, which the investigating officer has stated to be filled with water. Mother has deposed that the accused had been implicated in this case because he was of mischievous nature.

(3.) Learned counsel for the State has submitted that in these types of cases the statement of the victim herself is enough to convict the appellant. In this case, the victim has stated that appellant had committed rape on her not once but on repeated occasion for four days. She has also stated that there were bruises and boils on her body and in her private part because of this incident. She has also stated that the mother has also supported the prosecution case.