KABBADU MUKHI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This criminal appeal has been directed against the judgment of conviction and order of sentence dated 9th June,2006 and 13th June,2006 respectively, passed by learned 5th Additional Sessions Judge, East Singhbhum, Jamshedpur in connection with Sessions Trial no.476 of 2004, corresponding to G.R. Case no.1148 of 2004 arising out of Sidhgora P.S. Case no.53 of 2004, whereby the appellant has been held guilty for the offence punishable under section 376(2)(f) of Indian Penal Code and sentenced to undergo rigorous imprisonment for 14 years and to pay fine of Rs.25000.00 under section 376(2)(f) I.P.C. and in default of making payment of fine, he shall suffer further imprisonment for four years.

(2.) The case of the prosecution, as it appears from the written report lodged by Dinesh Mukhi, in brief, is that on 18.07.2004, minor daughter of informant, namely, Shalu, aged about 8 years was taken by the appellant on his bicycle to a lonely place where shalu was subjected to rape by the appellant. It is disclosed that Shalu was taken from the place where she was playing prior to the incident. During night, the victim felt pain in her vagina and the matter was reported to her mother and she also described the incident. On the basis of the written report lodged by Dinesh Mukhi, Sidhgora P.S. Case no. 53 of 2004 dated 19.07.2004 under sections 363 and 376 I.P.C. was registered.

(3.) The appellant stood charged for the offence under section 376(2)(f) I.P.C. to which he pleaded not guilty and claimed to be tried. The prosecution in order to substantiate charge has examined altogether seven witnesses including informant, doctor and Investigating Officer. Learned Additional Sessions Judge at the conclusion of trial, held the appellant guilty for the offence under section 376(2)(f) I.P.C. and sentenced him as indicated above.