MAHESHPURE Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This Criminal Appeal has been preferred against the judgment of conviction and order of sentence dated 31.05.2003 passed by Shri Rakesh Ranjan Verma, Sessions Judge,Pakur in Sessions Case No. 24 of 2003 whereby and whereunder appellant has been sentenced to undergo R.I. for seven years under Section 376 of the Indian Penal Code.

(2.) The prosecution case, in brief, as per the written report is that on 17.11.2002 at 6 p.m. at village Silampur, P.S. Maheshpur, District Pakur, the victim/informant (name concealed) had gone to fetch water from the water pump (chapakal). At that time, the accused Misan Seikh was standing in front of his door. The accused Misan Sheikh forcibly dragged the informant and took her to the outer room of his house and there he committed rape upon her, the informant after about an hour, came out from the room raising hulla after she was released. On her hulla, many persons came there. The villagers told that matter will be considered. But the accused Misan Sheikh fled away from the village and so matter was not considered.

(3.) On the basis of the written report of the informant a formal F.I.R. was drawn at Maheshpur Police Station as P.S. Case no. 125 of 2002 on 28.11.2002. After investigation, charge sheet was submitted against the appellant. Thereafter, cognizance was taken and the case was committed to the court of Sessions. Charges were framed u/s 376 IPC and trial was held after which on conclusion he was held guilty under the aforesaid section and sentenced for seven years rigorous imprisonment. Hence, this appeal.