BIJAY JAISWAL Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Mr. B. K. Jha, learned counsel for the petitioner and Mr. Ram Prakash Singh, learned A.P.P. for the State.

(2.) This application is directed against the judgment dated 19.06.2002 passed in Criminal Appeal No. 36 of 2001 by the learned 2nd Additional Sessions Judge, Bokaro by which the judgment and order of conviction and sentence passed by the learned 2nd Assistant Sessions Judge, Bokaro at Chas in S. T. No. 69 of 2001 whereby and whereunder the petitioner had been convicted for the offence under Section 376 of I.P.C. and was sentenced to undergo R.I. for 7 years has been modified convicting the petitioner under Section 354 of I.P.C. and sentencing him to undergo R.I. for 2 years.

(3.) The prosecution story in brief is that a complaint was made before the learned C.J.M., Bokaro with the allegation that the complainant and the petitioner are residents of the same place and since the petitioner was doing the job of agent of peerless company under the complainant's mother, he was a frequent visitor to the place of the complainant. It was alleged that on 04.10.1999 at about 4 P.M., when the parents of the complainant were not present in their house, the petitioner had entered in the house and had tried to outrage her modesty, but when the complainant's mother came, the complainant could be freed. The complainant on such allegation had filed Chas P. S. Case No. 189 of 1999 under Section 448/354 of I.P.C. against the petitioner. Further allegation has been levelled that on 31.10.1999 at about 3 PM when the parents of the complainant had gone for medical consultation, the petitioner came, pressed the mouth of the complainant and after taking her to the bed-room had forcibly committed rape upon her. It is also alleged that she was threatened with dire consequences if the matter was disclosed by her. It is also alleged that when the parents returned, they found the complainant in an injured condition and blood was coming out from her private parts. Thereafter medical treatment was provided to her and when the parents of the complainant went to the house of the petitioner, he was found absent, but his wife had protested and starting quarreling. Since the police has refused to register a case, a complaint case was registered which was subsequently sent to the police under Section 156 (3) of the Cr.P.C. leading to registration of G. R. No. 751 of 2000 under Section 376 of I.P.C. After investigation culminated in submission of charge-sheet, cognizance was taken and since the offence was found to be under Section 376 of I.P.C., triable by the court of Sessions, the case was committed to the Court of Assistant Sessions Judge IInd, Bokaro at Chas, where trial proceeded. Since the prosecution had been able to establish its case beyond all reasonable doubt, the petitioner has been convicted for the offence under Section 376 of I.P.C. and was sentenced to undergo R.I. for 7 years. The petitioner preferred an appeal being Criminal Appeal No. 36 of 2001 in which vide judgment dated 19.06.2002, the learned 2nd Additional Sessions Judge, Bokaro convicted the petitioner for the offence under Section 354 of I.P.C. and he was accordingly, sentenced to undergo R.I. for 2 years.