PRAYAG ROUT Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard, learned counsel for the appellant, Mr. S. P. Roy, Advocate and learned counsel for the State, Mr. Vinay Kumar Tiwari, learned Additional Public Prosecutor.

(2.) The instant Criminal appeal is directed against the judgment of conviction and order of sentence, both dated 20.01.2004, passed by the learned 2nd Additional Sessions Judge, Dumka, in Sessions Case No. 86 of 2003, whereby, the sole appellant has been convicted for the offence committed and punishable under Section 376 of the Indian Penal Code and awarded Rigours Imprisonment for five years.

(3.) The prosecution case, is based upon, written report submitted by the informant, Bachchi Devi (P.W.3) recorded by officer-in-charge, Jarmundi Police Station, Dumka, on 15.10.2001, wherein, the informant has stated, that on 12.10.2001 at about 2.00 P.M., she was going to cut grass in her Arhar field. She saw that the accused Prayag Rout resident of village - Babhandiha, was grazing his she buffalow and ox in her field. On protest made by the informant, the accused Prayag Rout dragged her into the Arher field and pressed her breast and committed rape against her. She raised hulla, then the accused fled away. Thereafter, informant returned to her home and narrated the occurrence to her husband and father-in-law, who disclosed the incident to villagers and subsequently written report was given at the police station.