MD.ISHTIYAQUE Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THIS appeal filed by the sole appellant is directed against the judgment and order of conviction and sentence dated 28.2.2001 passed by the Assistant Sessions Judge 2nd, Jamshepdur, in Sessions trial No. 94 of 2001 whereby the appellant was convicted for offences under Sections 366 and 376 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for 8 years for the offence under Sec. 366 IPC and 10 years' rigorous imprisonment for the offence under Sec. 376 |PC, though the sentences were ordered to run concurrently.

(2.) THE appellant was put on trial for the aforesaid offences for which earlier, cognizance was taken on the basis of the police report, submitted by the police after investigation into the FIR lodged by the informant (PW6), the mother of the victim girl. The case was registered on the basis of the fard beyan of the informant Malti Devi recorded at the police station on 13.10.2000.

(3.) FURTHER case of the prosecution is that is that on 17.10.2000, the appellant was arrested by the police on being found in suspicious circumstances. Later, on 25.10.2000, he was put on test identification parade and was identified by the victim girl and her mother, the informant. The appellant had pleaded not guilty to the charge and was put on trial. The case of the appellant in defence was total denial of the allegations and his false implication in the case.