SUNIL DHIBAR Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Mr. R.C.P. Sah, learned counsel appearing on behalf of the appellant and Mr. Prabir Kumar Chatterjee, learned Spl.P.P. for the State.

(2.) This appeal is directed against the judgment of conviction dtd. 25/1/2008 and the order of sentence dtd. 28/1/2008 passed by learned Additional Sessions Judge (F.T.C.) II, Seraikella in Sessions Trial Case No. 34 of 2004 arising out of Ichagarh P. S. Case No. 49 of 2002, corresponding to G. R. Case No. 764 of 2002 for the offence under Ss. 376 and 493 of the Indian Penal Code to undergo R.I. for seven years and the period of detention undergone by the appellant as under trial shall be set off towards the period of the sentence.

(3.) In nutshell, the case of prosecution is based upon the written report of victim who stated therein that eight nine months back appellant's sister who was friend of the victim came to the house of victim and took her to the house of appellant and after having interaction for some time she went somewhere leaving victim alone in the room and victim started waiting for her, in the meanwhile appellant came inside the room and bolted the door and started doing bad acts which was objected by victim but without her consent he established physical relation with her. When victim started weeping and putting emphasis to divulge this fact to villager, then appellant made promise to her for marriage, thereafter appellant's mother and sister reached there and victim shared the bad act of appellant to them, then they also given assurance to her for marriage with appellant.