RAJ KUMAR DAS Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Mr. B. M. Tripathy, learned senior counsel for the appellant and learned A.P.P. for the State.

(2.) This appeal is directed against the judgment of conviction and the order of sentence dated 13.08.2003 and 16.08.2003 respectively passed by learned Additional Sessions Judge, F.T.C.-II, Bokaro, in Sessions Trial No. 121 of 2002 (T.R. No. 01 of 2003), whereby and whereunder, the appellant has been convicted for the offence u/s 376 and 496 I.P.C . and sentenced to undergo R.I. for 08 years and 03 years respectively.

(3.) The prosecution story in brief is that the informant on the date of occurrence was in her house and in a separate room her sister-in-law was cooking food. It is alleged that the informant was alone in her room when the appellant had entered and by overpowering her had committed rape upon her. The appellant assured the informant that he will marry her and put vermilion on her forehead. It is alleged that the informant raised alarm, but the appellant managed to flee away. Later on, the informant went to the house of the appellant but the mother of the appellant removed the vermilion and the matter was reported to the Panchayat, but the proposal of the Panchayat was refused by the mother of the appellant. Based on the aforesaid allegation Marafari P.S. Case No. 38 of 2001 was instituted. Investigation resulted in submission of charge-sheet and after cognizance was taken, the case was committed to the Court of Sessions, where charge was framed u/s 376 and 496 I.P.C . and trial proceeded.