CHHOTU GORAIN Vs. THE STATE OF JHARKHAND

JUDGEMENT

(1.) At the very outset, it needs to be mentioned here that when the appellant could not engage any lawyer of his own on account of financial constraint, he made a request to Jharkhand State Legal Services Authority for defending his cause in the present appeal. It is how JHALSA has entrusted this case to Mr.Ram Prakash Singh, Advocate.

(2.) Appellant-Chhotu Gorain (hereinafter to be referred as the 'accused' only) along with his two co-accused, namely, Anil Goswami and Ashok Rawani faced the trial for the charge of Section 376 (2)(g) of the Indian Penal Code and vide impugned judgment dated 8.5.2009/12.5.2009 of learned Additional Sessions Judge, XIII, Dhanbad stands convicted for the said charge and sentenced to undergo rigorous imprisonment for ten years and to pay a fine of Rs.1,000/-, in default thereof rigorous imprisonment for three months. He was also charged along with his other coaccused under Section 342 of the Indian Penal Code and convicted accordingly for the said charge, for which sentence of rigorous imprisonment for one year is slapped upon him and his coaccused. Both the sentences have been ordered to run concurrently.

(3.) It needs to be mentioned here that aforesaid two co-accused, namely, Anil Goswami and Ashok Rawani filed their separate Criminal Appeals being Criminal Appeal (SJ) no. 485 of 2009 and Criminal Appeal(SJ) No.625 of 2009, questioning their conviction and sentence and both the appeals have been allowed vide judgment dated 7th January, 2010 . Records of the said appeals have been tagged with the instant appeal.