DINESHWAR RAM Vs. THE STATE OF JHARKHAND

JUDGEMENT

(1.) Heard the learned counsel for the appellant Mr. A.K. Trivedi and the learned A.P.P. for the State Mr. P.K. Appu.

(2.) This appeal is directed against the judgment dated 18.08.2014 passed by the learned District & Sessions Judge, Latehar in S.T. No. 29 of 2007 in which the appellant was convicted for the offence under Section 376 of the Indian Penal Code and was sentenced to undergo R.I. for 7 years and a fine of Rs. 10,000/- and in default of payment of fine, he was further sentenced to undergo R.I. for 6 months.

(3.) The prosecution story as would appear from the Fard Beyan of the informant namely, Kail Khuian who is P.W. 1 is that, his daughter Pratima Kumari aged about 16 years is not mentally sound and she is not able to speak very clearly. It has been alleged that the appellant Dineshwar Ram was working as a Fitter in the Railways and had illicit relationship with one Lalo Devi. It is also stated in the Fard Beyan by the P.W. 1 that since the mental faculty of his daughter is not very sound as such, the appellant - accused Dineshwar Ram taking advantage of her disability caught hold of her and committed rape upon her.