SHYAM NAYAK Vs. THE STATE OF JHARKHAND

JUDGEMENT

(1.) THIS appeal is directed against the judgment of conviction and sentence dated 28" of August, 2003, passed by the learned Additional Sessions Judge, Fast Track Court -II, Chaibasa in Sessions Trial No. 300 of 2001, whereby the appellant was convicted for the offence under Section 376 of the Indian Penal Code and sentenced to undergo Rigorous Imprisonment for a period of ten years and also to pay a fine of Rs. 5,000/ -.

(2.) THE case against the appellant was registered on the basis of the complaint filed by the prosecutrix before the learned Chief Judicial Magistrate, Chaibasa, which on being forwarded by the Magistrate to the Police, was registered at the Tonto Police Station for the offences under Sections 366A, 376 and 201 of the Indian Penal Code. At the conclusion of the investigation, the Police submitted chargesheet recommending trial of the appellant for the offences under Sections 366A, 376 and 201 of the I.P.C. The cognizance for the aforesaid offences was taken by the learned Magistrate, whereafter the trial commenced against the appellant in the court of the Additional Sessions Judge.

(3.) THE appellant had denied the charges and had preferred to be tried. His case in defence was of total denial of the allegation and of false implication.