CHHOTU KUMAR @CHHOTU PRASAD Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel for the appellant and learned counsel for the State.

(2.) The instant Criminal appeal is directed against the Judgment of conviction dated 13.06.2003 and order of sentence dated 17.06.2003, passed in S.T. No.55 of 2003 (T.R. No.157 of 2003) by the learned 3rd Addl. Sessions Judge, Bokaro, whereby the sole appellant has been convicted for the charged under Sections 376/511 I.P.C. and under Section 306 of the Indian Penal Code and awarded rigorous imprisonment for a period of four years under Sections 376/511 of the Indian Penal Code and R.I. for five years and also a fine of Rs.1,000/- under Section 306 of the Indian Penal Code, in default in payment of fine amount, the appellant shall undergo simple imprisonment for a period of six months. Both the sentences are directed to run concurrently.

(3.) The prosecution case as made out in the First Information Report is based on the basis of 'fardbeyan' of the informant, Nutan Kumari (deceased/victim) recorded by A.S.I., Satish Chandra Kumar, Sector IV Police Station, on 18.06.2002 at 15.45 hours at Bokaro General Hospital, Casualty Ward, Bed No.2. As per the 'fardbeyan' of the informant, she is permanent resident of P.S.:-Nagar Utari, in the District of Palamau and presently residing at Yodhadih, P.S.:- Chas, Distt :- Bokaro, in the house of her maternal uncle, Balram Prasad. She has stated, that when she returned to her house from college and at that time, she was alone in the house, which is the house of her maternal uncle. As her maternal grand- mother has gone to the flour mill, when her maternal brother, Chotu has tried to commit rape upon her and such anger, she has sprinkled kerosene oil on her entire body and set herself on fire. Thereafter some persons came there and they extinguished the fire and brought her to Hospital for treatment where she is under treatment.