DHANANJAY NAYAK Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The sole appellant had faced the trial in Sessions Trial No.60/2001 before learned Addl. Sessions Judge, Ghatsila Civil Court, East Singhbhum, who by judgment of conviction and order of sentence dated 20.12.2003 had held him guilty u/s 376/511 of the IPC and sentenced him to undergo R.I for 3 years and a fine of Rs.1,000/- and in default of payment of fine, further sentenced to undergo R.I. for 3 months.

(2.) It appears that this appeal was admitted for hearing on 04.03.2004 and the LCR was called for and the appellant was released on bail.

(3.) The case of the prosecution based upon the fardbeyan of PW-05- Sarathi Nayak is that on 16.09.2000 she had gone to take bath in a nearby the pond situated at railway line and after taking bath, while she was changing her clothes the appellant came and started asking question that who flashed the torch in the mid-night upon which the informant showed her ignorance and in the meantime, she tried to flee away, but the appellant thrashed her on the earth. She raised Hulla. In the meanwhile PW-1 Niranjan Nayak came there and rescued the informant.