MANGAL MAHATO Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This appeal is directed against the Judgment of conviction dtd. 22/2/2006 and order of sentence dtd. 24/2/2006, passed by learned Sessions Judge, Seraikella-Kharsawan in S.T. No.10 of 2003, arising out of Chandil P.S. Case No.54 of 2002, corresponding to G.R. Case No.317 of 2002, whereby and whereunder the appellant has been acquitted from charge under sec. 313 of IPC while convicted for the offence punishable under Sec. 376 of IPC and sentenced to undergo R.I. for a period of eight years.

(2.) The prosecution story as unfolded in the FIR by the prosecutrix/victim (PW-6) has stated in her statement on 17/5/2002 that about eight days ago, she was alone in her house and at that time, the accused came inside her house and committed rape upon her after alluring to perform marriage with her. After the accused left away, the prosecutrix disclosed this fact to her parents, who went to the house of the accused asking him to marry the prosecutrix, but he refused to do so.

(3.) On the basis of the aforesaid statement, a formal FIR was instituted vide Chandil P.S. Case No.54 of 2002, which was registered under Sec. 376 of IPC and after completion of investigation, the charge-sheet was submitted under Sec. 376 and 313 of the IPC and thereafter cognizance was taken and the case was committed to the Court of Sessions and after commitment, the learned Sessions Judge, Seraikella framed the charges on 6/5/2003 under Sec. 376 and 313 of the Indian Penal Code, where the accused appellant pleaded not guilty and claimed to be tried and the learned trial court after conducting the full- fledged trial, passed the impugned judgment of conviction and order of sentence, which is under challenge in this appeal.