KASHMIR KUWAR Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard the parties.

(2.) This application is directed against the judgment dated 30.8.2001, passed by the learned 2nd Additional Sessions Judge, Dumka in Cr. Appeal No. 61/2000, whereby and where under, the judgement and order of conviction and sentence dated 5.2000, passed by the learned 1st Assistant Sessions Judge, Dumka in Sessions Case No. 200 of 1998, convicting the petitioner for the offence under section 376 of Penal Code and sentencing him to undergo R.I. for seven years, has been affirmed.

(3.) It has been submitted by the learned counsel for the petitioner that entire prosecution story hinges upon the evidence of P.Ws. 1, 3 and 6, who all are interested witnesses. It has further been submitted that victim P.W-3 had come out from the house after the sexual assault was made by the petitioner upon her and she had narrated the incident to one Kalicharan Dagri and in absence of examination of Kalicharan Dagri and his wife the entire prosecution case fails. It has further been submitted that there has been a considerable delay in institution of the FIR. Learned senior counsel submits that there is a discrepancy in the statement of the victim recorded under section 164 Crimial P.C. and her evidence in course of trial. Learned senior counsel further submits that the doctor who had been examined as P.W-2 had opined that there was no sign of rape upon the victim. It has therefore been submitted that since the prosecution has failed to establish its case beyond all reasonable doubt, the judgement and order of conviction and sentence and its affirmation in appeal is liable to be set aside.