ALAM ANSARI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This appeal is directed against the judgment of conviction and order of sentence dated 14th August, 2003 passed by Additional Judicial Commissioner, Fast Tract Court-9, Ranchi in Sessions Trial No.269 of 2002 holding the appellant guilty under Section 376 of the Indian Penal Code and sentencing him seven years of rigorous imprisonment.

(2.) The prosecution case on the basis of the written report of the informant-victim, in short, is that she is residing with her elder brother Anup Toppo in the house of his uncle Matiash Toppo and aunt Anjela Khalkho and studying in Janta High School, Patra Chauli in Class-IX. Further case is that on 26.07.2001 at about 8.40 a.m. she started for the school. When she reached near Ranchi Lohardagga line which was at about 500 yards of North of Adchero forest at 09:00 a.m then suddenly Alam Ansari son of Allauddin Ansari of village Adchero came and pressed her mouth and dragged her to the nearby bushes. She tried to raise alarm but he closed his mouth and thrown her on the ground and committed rape upon her. She resisted him by biting on his lower lip and fingers of his left hand even then he did not left her and continued to commit rape on her. After incident, she returned to her home. She left her school bag and Hawai Chappal as well as underwear pant at the place of occurrence. When she reached her residence, no family members were there as they had gone to work in the field. When they returned to home she informed the occurrence to her aunt Anjela Khalkho and then it was known to the other family members. Since it was night and the Police Station was at a distant place from village, therefore, they could not go to the Police Station. Today in the morning they came to the Police Station along with her uncle and villagers and gave this written report with a prayer to take legal action against the accused.

(3.) Accordingly Ratu (Nagari) P.S. Case No.99 of 2001, corresponding to G.R. No.2081 of 2001 was registered under Section 376 of the Indian Penal Code and formal F.I.R. was drawn against sole accused Alam Ansari. After investigation, charge-sheet was submitted and after commitment of the case, charge under Section 376 of the Indian Penal Code was framed upon sole appellant to which he denied and claimed to be tried.