RAVI MAHATO Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Mr. Naveen Kumar Jaiswal, learned counsel appearing on behalf of the appellant and Mr. V. S. Sahay, learned A.P.P. for the State.

(2.) This appeal is directed against the judgment of conviction dtd. 23/4/2008 and the order of sentence dtd. 25/4/2008 passed by learned Sessions Judge, West Singhbhum at Chaibasa in Sessions Trial No. 250 of 2007 whereby and whereunder, the appellant has been convicted and sentenced to undergo R.I. for five years for the offence under Ss. 376/511 of IPC along with a fine of Rs.5,000.00 and rigorous imprisonment for one year under Sec. 448 of IPC and R.I. for one year under Sec. 323 of IPC and all the sentences were directed to run concurrently.

(3.) In the present case, F.I.R. has been registered on the written report dtd. 19/7/2007 by father of victim who allegedly stated therein that on last Thursday i.e. on 12/7/2007 at about 10:30 P.M., Ravi Mahato (appellant herein) entered into his house and extinguished Diya and pressed mouth of his daughter with bad intent, while she was sleeping as he himself and other family members went to water tap to clean their hands and legs. When victim shouted, then accused fled away but Kedar Singh and, his wife while returning towards home from water tap, have seen the accused in electric light.