PREMLAL BHAGAT Vs. STATE OF BIHAR (NOW JHARKHAND)

JUDGEMENT

(1.) THIS appeal is directed against the judgment of conviction dated 10.12.1999 and corresponding sentence passed by the Sessions Judge, Singhbhum West at Chaibasa, whereby the appellant Premlal Bhagat was convicted for the offence under Section 376 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for 10 years.

(2.) BRIEF facts of the case, which was registered on the basis of the first information report lodged by the prosecutrix on 27.1.1998, is that the accused had established sexual relation with her for the past 11 years prior to the date of lodging of the FIR, on the assurances of marriage and during this period, she had conceived several times and was made to undergo termination of her pregnancy each time by the accused. It was when the accused refused to marry her and had proceeded to marry elsewhere, she decided to lodge complaint against the accused and had forwarded a letter to the Superintendent of Police and on his direction, she appeared at the police station where her FIR was recorded and the case was registered against the accused.

(3.) ALTOGETHER 8 witnesses were examined by the prosecution at the trial including the prosecutrix (PW 2) and her parents (PW 5 and PW6) as well as the doctor (PW 1) who had medically examined the prosecutrix and also the investigating officer (PW 8).