PRAKASH KISKU Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This Criminal Appeal is preferred on behalf of the appellant being aggrieved by the judgment of conviction dtd. 23/6/2016 and order of sentence dtd. 24/6/2016 passed by Learned Additional Sessions Judge-II-F.T.C., Bokaro, in S.T. Case No.114 of 2014, whereby and wherein the appellant has been convicted for offence under Sec. 376(1) I.P.C. He was sentenced to undergo rigorous imprisonment for 10 years with fine of Rs.5,000.00 under Sec. 376(1) I.P.C.

(2.) Heard learned counsel for the appellant and learned counsel for the State and perused the material available on record.

(3.) Learned counsel representing the appellant submits that the victim is a major and is a consenting party to the physical relationship. He states that just because the marriage was not being solemnized as per the wish of the victim, the case has been instituted against the appellant. It has been further argued that evidence of the victim has not been appreciated properly by the Trial Court and wrongly this appellant has been convicted in this case. As per learned counsel, the Doctor did not find any mark of assault on the body of this appellant to suggest that she was sexually assaulted.