KADRU @ MISI MURMU Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The instant criminal appeal is directed against the Judgment of conviction and Order of sentence dtd. 29/8/2003 and 30/8/2003 respectively passed by learned Addl. Sessions Judge, Fast Track Court, Sahibganj in Sessions Case No. 75 of 2002, whereby and whereunder the appellant has been held guilty for the offences under Sec. 341/342 and 376 of the Indian Penal Code and sentenced to undergo simple imprisonment for one month under Sec. 341 of IPC; R.I. for one year for the offence under Sec. 342 of IPC and R.I. for life for the offence under Sec. 376 of IPC.

(2.) We have already heard the arguments of Mr. Anupam Anand, learned counsel for the appellant and Mr. Sardhu Mahato, learned APP for the State.

(3.) The factual matrix giving rise to this appeal is that on 12/8/2001 at about 7:30 PM prosecutrix was going for her natural call, meanwhile, Kadru Murmu @ Misi Murmu subdued and took away her in a field, laid down on the earth, forcibly untying her clothes committed rape upon her. It is further alleged that after committing rape, she was brought by the accused gagging her mouth to his own house under threat of death and again subjected to rape. It is further alleged that father and brother of the victim were passing through the passage of the house of the accused, they heard the sound of weeping of prosecutrix and entered into the house of the accused and having seen them, the accused Kadru Murmu @ Misi Murmu fled away. The prosecutrix narrated the above occurrence to her father and brother. Thereafter, she was brought to her house and this case was lodged.