NARESH MAHTO Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The sole appellant Naresh Mahto stands convicted for the offence under Section 376 of the Indian Penal Code and sentenced to serve rigorous imprisonment for eight years, by the Sessions Judge, Hazaribagh in Sessions Trial No. 133 of 1993.

(2.) Brief facts leading to this appeal are that in the afternoon of 26 7-1992, informant Lalita Devi has gone to field situated in Mauza- Khutra to throw cow-dung. Further stated that when she was returning, she sat to ease herself in Rohania tand where all of a sudden, the appellant came there. Further stated he overpowered the informant and forcibly committed rape. The informant tried to resist, but because of the place being situated in a tand, nobody came to rescue her. The appellant fled away after committing rape threatening the informant not to disclose this incident to anyone. However, the informant reached her house and narrated the incident to her husband, and parents-in-law etc. Since in the evening heavy rains started, the matter was reported to the police next day on 27-7-1992 at about 10.15 a.m.

(3.) The statement of the informant was recorded on the basis of which, Ickak Police Station Case No. 57 of 1992 under Section 376 of the Indian Penal Code was registered and investigation taken up. The police arrested the appellant and submitted charge sheet after completion of the investigation. The case was committed for trial by the Court of Sessions where Sessions Judge Hazaribagh framed charge under Section 376 of the Indian Penal Code against the appellant on 28-8-1993. The appellant has pleaded not guilty and claimed false implication due to previous enmity. The trial Court after examining witnesses found and held the appellant guilty and sentenced him to serve R.I. for eight years.