MD. LALU MIAN Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The present appeal has been file for setting aside the judgment of conviction dtd. 6/12/2006 and order of sentence dtd. 8/6/2006 passed by learned Additional Sessions Judge-III, FTC, Dumka in Sessions Case No.392 of 2003 whereby and whereunder, the appellant has been held guilty for the offences under Sec. 376 of Indian Penal Code and sentenced to undergo R.I. of 7 years along with fine of Rs.3.000 with default stipulation.

(2.) Factual matrix giving rise to this appeal is that the husband of the informant namely Hamid Miya lodged a written report with allegation that at about 8 O' clock at night of 27/3/2001, the present appellant entered into the house of the informant and committed rape with his wife in his absence. When the informant returned to his house, then his wife told about the above incidence. It is further alleged that due to life threatening given by the appellant, his wife did not inform the above incidence to any of the villagers.

(3.) On the basis of above information, an FIR being Shikaripara P.S. Case No.26 of 2001 was registered for the offence under Sec. 376 of IPC. The police conducted thorough investigation of the case and submitted final form with conclusion that the above incidence has not been proved and the false FIR has been lodged and also recommended for prosecution of the informant under Sec. 182 and 211 of the Indian Penal Code. .