AJIT ORAON Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel for the appellant and learned A.P.P.

(2.) Instant criminal appeal is directed against the judgment of conviction dtd. 17/2/2005 and sentence dtd. 22/2/2005 passed by the learned Additional Sessions Judge, Fast Track Court No.-IV, Jamshedpur E. Singhbhum in S.T. Case No. 19 of 2003 arising out of Patamada P.S. Case No. 68 of 2002 corresponding to G.R. No. 2066 of 2002, whereby and whereunder, the appellant has been convicted for the offence under Sec. 376 of the I.P.C. and sentenced to undergo R.I. for 7 years.

(3.) Factual matrix giving rise to this appeal is that on 19/7/2002 at about 10:00 A.M., while the prosecutrix was returning from field to her home, the appellant (who happens to be brother-in-law of the prosecutrix) met her and told that some relatives are waiting for her in his house. Thereafter, prosecutrix proceeded with the appellant to his house and reached inside the house. It is alleged that the appellant suddenly closed the door, pushed the prosecutrix on ground and gagging her mouth by clothes, committed rape on her, due to which prosecutrix became unconscious. After sometime, she regained her consciousness and asked for water but the appellant put wine in her mouth. Then, she again became intoxicated. In the meantime, son of Suklal came there and brought her to her home. The fardbeyan of the prosecutrix was recorded on 18/10/2002 at about 12:15 hours by police at her own house situated in village Nutandih. Accordingly, F.I.R. was registered for the offence under Sec. 376 of the I.P.C.