MUKHTAR MIAN Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard the parties.

(2.) This appeal is directed against the judgment of conviction dated 09.01.2003 and order of sentence dated 10.01.2003, passed by the learned Additional Sessions Judge, Fast Track Court No.V, Deoghar in Sessions Case No. 283 of 2001| 217 of 2002, whereby and whereunder, the appellant has been convicted under Section 376 of the Indian Penal code and has been sentenced to undergo RI for 8 years and to pay fine of Rs.5, 000/- and in default of fine to undergo RI for a further period of two years.

(3.) The prosecution case, as per the written report of informant, the victim, PW-2, is that on 7th July, 2001 at about 11:00 a.m., she was alone at her house. Suddenly, accused Mukhtar Mian, found her to be alone, entered into her house and closed the door from inside and caught her and started molesting her. She started crying then he put the 'anchal' of her Sari in her mouth and thrashed her. Thereafter, he lifted her sari and saya and committed rape with her. It is further alleged that she wanted to escape from him, but the appellant being a male, she could not succeed. After committing rape, he threatened that if she will discuss this matter then he will ruin her life and fled away from there. When on the alarm the village people came there then she narrated about the occurrence to them. Thereafter, village people and her family members went in search and enquired about the accused in his house. The people assured them that after doing panchayati the matter will be solved. On the same day at about 6-7 p.m. a panchayati was held but accused Mukhtar Mian had not participated, then panches decided the matter with the order that accused will have to marry with informant. On the hearing of this decision, the father and brother of the accused suddenly stood up during the panchayat and went away to their house and drove away the accused from the village, therefore, the decision taken by the panches did not succeed.