JANARDAN PRASAD YADAV Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Mr. Baleshwar Yadav, learned counsel for the petitioner and Mrs. Lily Sahay, learned A.P.P. for the State.

(2.) This application is directed against the judgment dated 12.08.2008 passed by the learned Sessions Judge, Gumla in Criminal Appeal No. 3 of 2006 whereby and whereunder the judgment and order of conviction and sentence dated 05.01.2006 passed by the learned S.D.J.M., Gumla in connection with Sisai (Bharno) P. S. Case No. 10 of 2005 corresponding to G. R. No. 70 of 2005 convicting the petitioner for the offence under Section 377 of the I.P.C. and sentencing him to undergo rigorous imprisonment for 3 years and to pay a fine of Rs. 5,000/- has been affirmed.

(3.) The prosecution story in brief is that the informant used to stay from his childhood in the house of his maternal uncle and look after the cattle. It is alleged that on 31.01.2005 while he was returning in the evening with his cattle, the petitioner met him in the path and had told him to tie the cattle and meet him. It is further been alleged that when the informant came back to the petitioner, the petitioner had committed an unnatural offence with him and has also threatened him not to disclose about the incident to anyone. It is also been alleged that at the time of commission of offence, the same was witnessed by several persons including Mansu Oraon, Chamar Oraon, Mahadeo Oraon and Govind Mishra, but on account of fear of the petitioner, none has disclosed about the incident. The informant went back to his house and disclosed about the incident to his maternal uncle and aunt as well as to the villagers and thereafter the FIR was instituted. Based on the aforesaid allegations, Sisai (Bharno) P. S. Case No. 10 of 2005 was registered in which after investigation, charge-sheet was submitted and after cognizance was taken, charges were framed against the petitioner under Section 377 of I.P.C. to which he pleaded not guilty and claimed to be tried.