MARSHAL BARLA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) Present criminal appeal is directed against the judgment of conviction dtd. 26/9/2006 and order of sentence dtd. 27/9/2006 passed by learned 1st Additional Sessions Judge, Gumla in Sessions Trial No. 103 of 2004, whereby and whereunder, the appellant has been held guilty for the offence under Sec. 376 of the I.P.C. and sentenced to undergo R.I. of eight years along with fine of Rs.1,000.00 with default stipulation.

(3.) The factual matrix giving rise to this appeal is that on 31/12/2003 at about 2:00 P.M., the prosecutrix was at her home, meanwhile, her neighbor Marshal Barla, aged about 45 years came to her house, caught hold of her hand and forcibly dragged towards his own home. It is alleged that upon protest by prosecutrix, she was threatened to be killed, so that she became frightened and followed to the house of accused, where she was confined in a room and when children of Marshal Barla slept then at about 10:00 hours in night, he untied the petticoat and lifted the saree of the prosecutrix and committed rape with her. It is further alleged that since then, the accused has been committing rape with her for about one year in absence of her husband putting her under threat. The accused is a powerful person in the village and no villager dare to raise protest against him. On the basis of written report of prosecutrix, Kamdara P.S. Case No. 01 of 2004 was registered for the offence under Sec. 376 of the I.P.C.