KALIM UDDIN Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Present appeal has been filed for setting aside the judgment of conviction and order of sentence dtd. 26/9/2006 and 27/9/2006 respectively passed by learned Additional Sessions Judge-FTC, Koderma in Sessions Trial No.405 of 1997 arising out of Jainagar P.S. Case No.18 of 1997 (G.R. No.16 of 1997) whereby and whereunder, the appellant has been held guilty for the offence under Sec. 376 r/w 511 of Indian Penal Code and sentenced to undergo R.I. of 5 years.

(2.) Factual matrix giving rise to this appeal is that on 4/4/1997 at about 8:30 P.M., the informant-victim went out from her house to fetch water from the government hand pump and after taking water, as the victim set to return back to her house, the accused Kallu Mian uplifted her from behind. Upon raising alarm, other co-accused Faguni Mian gagged her mouth while the accused Minhaj Mian was watching the movement of villagers. In course of uplifting the victim, the bucket fell down from her hand, then hearing the sound of falling bucket, father of victim came out from the house and started shouting calling who is there, meanwhile, all accused persons took the victim in the field and laid down her on earth and lifted her saree with intention to commit rape, in the meantime, her father reached at the place of occurrence and raised alarm, on which all the accused persons fled away.

(3.) On the basis of above information, FIR being Jainagar P.S. Case No.18 of 1997 was registered for the offence under Sec. 376/511 r/w Sec. 34 of IPC. After completion of investigation, charge-sheet was submitted against the appellants. After taking cognizance, the case was committed to the court of Sessions, where S.T. Case No.405 of 1997 was registered. The trial was proceeded against the present appellants. They denied from the charges and claimed for trial. In the course of trial, altogether 8 witnesses were examined by the prosecution including the victim lady. No documentary evidence has been adduced on behalf of the prosecution.