VIJOY DANGI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard, learned counsel for the appellant, Mr. B.K. Sinha and learned counsel for the State, Mr. Tapas Roy, learned Additional Public Prosecutor.

(2.) The instant criminal appeal is directed against the judgment of conviction, dtd. 27/3/2004 and order of sentence, dtd. 31/3/2004, passed by learned Additional Sessions Judge, Fast Track Court-II, Chatra, in Sessions Trial No. 415 of 1996, arising out of Itkhori P.S. Case No.43 of 1995, corresponding to G.R. No. 322 of 1995, whereby the sole appellant has been convicted for offence committed and punishable under Sec. 376/511 of the Indian Penal Code and awarded rigorous imprisonment for five years.

(3.) The prosecution case is based upon the written report submitted by Anarwa Devi, P.W.-4, before the Officer-In-Charge, Itkhori Police Station, on 10/9/1995, alleging therein, that on Saturday i.e. 9/9/1995 at about 7:00 P.M. when informant was in her house, co-villager Vijoy Dangi, appellant came to the house of the informant and said that he knows about her missing bucket but for that she has to give one thing to him. Upon query made by the informant, the accused appellant has disclosed his willingness to have sexual relationship with the informant, which was denied by the informant. Thereafter Vijoy Dangi, appellant/accused caught hold of her hand and thrashed her on the ground and tried to commit wrong with her forcefully. On brawl raised by the informant, she was assaulted by fist but after hearing the brawl, co-villagers Ram Awatar Dangi, Mangar Dangi and others came to the house of the informant upon, which accused fled away after leaving the informant.