BEGHA MONDAL @ MANOJ MANDAL Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THIS appeal is directed against the judgment of conviction dated 11.08.2006 and order of sentence dated 14.08.2006, passed in Sessions Case No. 13 of 2006/33 of 2005, by the 01 st Additional Sessions Judge, Jamtara whereby the appellant was convicted for the offence under Section 376 of the I.P.C. and sentenced to undergo rigorous imprisonment for 10 years.

(2.) THE case was registered on the basis of the First Information Report of the prosecutrix and the police after investigation, submitted charge sheet recommending trial of the appellant for the aforesaid offence. Thereafter charge against the accused was framed. The case of the prosecution in brief is that in the afternoon of 17.12.2004 at about 3:00 P.M., while the prosecutrix was grazing her cattle, in the fields near her house, at that time, the appellant who was also grazing his cattle nearby, came to her and after taking her to a lonely place and after laying her down, he stripped her undergarments and then ravished her. After sexually assaulting her, he fled away and then the informant came to her house and narrated the entire story to her mother (P.W. 4). The father of the prosecutrix (P.W. 3) was not at home and when he returned home in the evening, the matter was reported to him and thereafter the matter was reported to the Village Panchayat. The Panchayat meeting was convened but the accused did not appear and on account of his failure to appear, the prosecutrix and her father were advised by the Panchayat that they should take the help of the Police. Accordingly, the prosecutrix (P.W. 7) accompanied by her father (P.W. 3) went to the Police Station in the afternoon of the next day and lodged a complaint. The written complaint was prepared and submitted to the Police Officer. The case was accordingly registered for the offence under Section 376 of the Indian Penal Code against the accused. The prosecutrix was forwarded for her medical examination. After concluding investigation, the Police submitted charge sheet recommending trial of the appellant for the offence under Section 376 of the Indian Penal Code. The charge was framed against the appellant for the offence to which he pleaded not guilty. The appellant in his defence had stated that he has been falsely implicated in this case at the instance of his own uncle, who happens to be in inimical terms with him and the case was instituted by taking advantage of the fact that the father of the prosecutrix is employed as a servant in his uncles house.

(3.) THE trial court relying upon the testimony of the prosecutrix and finding support from the evidence of the witnesses as also from the medical evidence, recorded its finding of guilt against the appellant and sentenced him accordingly.