SRIHARI MAHATO @ HARI MAHATO Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Mr. Rohan Mazumdar, learned counsel appearing on behalf of the appellant and Mr. Anup Pawan Topno, learned A.P.P. for the State.

(2.) This appeal is directed against the judgment of conviction and order of sentence dtd. 19/11/2003 passed by learned 1st Additional Sessions Judge, Chaibasa in Sessions Trial No. 229 of 1994, arising out of Chakradharpur P. S. Case No. 142 of 1993, corresponding to G. R. Case No. 328 of 1993, for the offence under Sec. 376 of the Indian Penal Code to undergo RI for seven years.

(3.) In the present case F.I.R. being Chakradharpur P.S. Case No. 142 of 1993 corresponding to G.R. Case No. 328 of 1993 dtd. 9/8/1993 got registered on the basis of statement of victim/prosecutrix (vide Exhibit- 3). Victim/prosecutrix made statement on 9/8/1993 at 2:15 P.M. that she is unmarried lady of 35 years of age and allegedly on 27/7/1993 she was alone at her home, then at about 1:00 P.M. accused/appellant came to her house and caught hold of her and forcefully committed rape on her person. She further stated that no one was present in the home and in the evening when family members came, then she told the incident to everyone then his uncle Basudeo Mahato, brother Shashibhusan Mahato and Karu Mahato and other family members called villagers on the next day including the accused/appellant and his father. It was decided that accused/appellant had to keep victim/prosecutrix as his wife and as per decision of panchayat she remained at the house of accused/appellant as a wife since 28/7/1993 to 8/8/1993, but today i.e. 9/8/1993 accused/appellant kicked her out from the house, thereafter she reached at her home and told to her family members and thereafter giving intimation about the incident.