GOPAL SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This Criminal Appeal is directed against the Judgment of Conviction dtd. 17/5/2006 and Order of Sentence dtd. 18/5/2006 passed by the learned Additional Session Judge, Fast Track court-IInd, Bokaro in S.T. No. 265 of 2004, in G.R. Case No. 496 of 2004 arising out of B.S. City (Sector-XII) P.S. Case No. 123/04 whereby and whereunder the appellant has been convicted under Sec. 376/316 of the Indian Penal Code and sentenced to undergo Rigorous Imprisonment for 7 years under both the Sec. 376 and 316 of the Indian Penal Code with fine of Rs.10,000.00 and in default of payment of fine he shall further undergo RI for 6 months. Both the sentence directed to run concurrently.

(2.) The prosecution story as unfolded in the fardbeyan of the victim/PW3 on 5/6/2004 is as under: PW3 stated in her statement that Gopal Singh (appellant) was her neighbour and when her father got fracture in his leg and during the treatment of her father the victim/PW3 and the appellant became friend and thereafter the appellant started making physical relation with her. Whenever her father tried to settle her marriage, Gopal Singh on one pretext or other got it cancelled and claimed to marry her. Since seven months Gopal Singh maintained physical relation with her and when she became pregnant for seven months, Gopal Singh denied to marry her.

(3.) The learned trial court after conducting the full-fledged trial, passed the impugned judgment of conviction and order of sentence which is under challenged in this appeal.