UTTAM PANDIT Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) Present criminal appeal is preferred against the judgment of conviction dtd. 30/5/2005 and order of sentence dtd. 31/5/2005 passed by learned Additional Sessions Judge-I, Rajmahal in Sessions Case No. 40 of 2004 / Sessions Trial No. 02 of 2004, whereby and whereunder, the appellant has been held guilty for the offence under Sec. 376 of the I.P.C. and sentenced to undergo R.I. of seven years along with fine of Rs.2,000.00 with default stipulation.

(3.) The factual matrix giving rise to this appeal is that in the night of 17/5/2003 the prosecutrix was sleeping in her house along with her two children and her husband had gone to fetch medicine from Village - Ghanjori. It is further stated that at about 11:00 PM, she went out of the house for easing herself, meanwhile, accused Uttam Pandit entered into her room and she identified him in the torch light. She tried to raise alarm, but the accused caught hold of her hand, gaged her mouth and pushed on the cot. The informant resisted then accused threatened her to kill and forcibly committed rape with her. It is further alleged that brother-in-law of the informant woke up hearing some sound of scuffle and raised alarm then some villagers assembled, but the accused managed to escape taking advantage of darkness of night. She also narrated the story to her father-in-law and villagers. The matter could not be resolved in pacific manner by the villagers then after arrival of her husband, the prosecutrix lodged the F.I.R. on 22/5/2023.