BIBHISAN MAHATO Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) IN this appeal the appellant has challenged the judgment and order of conviction and sentence dated 27.4.2000 passed by Sri Tarkeshwar Prasad, Sessions Judge, Singhbhum West, at Chaibasa (Camp at Seraikella) in Sessions Trial No. 24 of 1998 whereby the appellant has been convicted for offence under Section 376, IPC and accordingly sentenced to undergo rigorous imprisonment for seven years.

(2.) THE case against the appellant was registered on the basis of fardbeyan of the prosecutrix (PW 5) recorded on 14.7.1997 alleging therein that about eight months prior to the date of occurrence, she had developed acquaintance with the appellant and had fallen in love with him. The appellant had promised that he would marry her. On the basis of such assurance, the prosecutrix had indulged in physical relation with the appellant as a result of which the prosecutrix had conceived, but when she insisted that the appellant should keep his promise and marry him, he refused. Meanwhile, her pregnancy became apparent and she revealed the matter to her parents whereafter a panchayat was convened in the village, but the appellant refused to attend the panchayat. Consequently, feeling cheated by the appellant, the prosecutrix accompanied by her maternal uncle (PW 4) went to the police station and lodged her FIR.

(3.) AS many as five witnessed were examined at the trial. They include the informant (PW 5), parent of the prosecutrix (PWs 2 and 3), Doctor (PW 1) and the maternal uncle of the prosecutrix (PW 4). The Investigating Officer of the case has not been examined.