MANBLE SOREN Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Mr. Rajeeva Sharma, learned counsel for the appellant and Mrs. Vandana Bharti, learned A.P.P. appearing for the State.

(2.) The instant appeal is preferred for setting aside the judgment of conviction and sentence of the appellant dtd. 20/3/2003 and 21/3/2003 passed by learned Sessions Judge, Dumka in Session Case No.35 of 2002 arising out of Dumka (Masanjor) P.S. Case No.81 of 2001, whereby and whereunder the appellant has been held guilty for the offence under Sec. 376 of Indian Penal Code and sentenced to undergo R.I. for 10 years along with a fine of Rs.10,000.00. Factual Matrix:-

(3.) Factual matrix giving rise to this appeal is that on 10/9/2001, when the prosecutrix was returning from Bagnal Hatia to her home and reached near Dobha Dungri bushy area, suddenly the accused, Manwel Soren came out from the bush and caught hold of her and pulled her towards the bush and committed rape upon her and when the prosecutrix attempted to raise alarm, then she was threatened to be killed. It is further alleged that the prosecutrix placed the matter before village panchayat but no result yield then, she lodged a written report before the police station on 13/9/2001. On the basis of above information, Dumka (Masanjor) P.S. Case No.81 of 2001 was registered for the offence under Sec. 376 of Indian Penal Code. After completion of investigation, charge-sheet was submitted against the above named appellant for the aforesaid offence. After taking cognizance, the case was committed to the court of Sessions, where Session Case No.35 of 2002 was registered. The accused person did not plead guilty and claimed to be tried.