RAVI SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel for the appellant and learned Addl. P.P. for the State assisted by the learned counsel for the informant.

(2.) The appellant has preferred this appeal being aggrieved by the Judgment of conviction dtd. 24/2/2006 and Order of sentence dtd. 25/2/2006 passed by the learned 1 st Additional Sessions Judge, Gumla, in Sessions Trial No. 246 of 2004 whereby and where under, the learned court below has held the appellant guilty for the offence punishable under Sec. 376 (1) of the Indian Penal Code and sentenced him to undergo Rigorous Imprisonment for seven years and to pay fine with default clause.

(3.) The case of the prosecution in brief is that in the year 2002, the appellant-accused person- Ravi Singh enticed the prosecutrix by promising to marry her and used to commit rape upon the prosecutrix whenever her family members were remaining absent from her house. When the prosecutrix was insisting for marriage, the appellant-accused person used to avoid the same on one pretext or the other. In the meanwhile, the prosecutrix became pregnant for two months but the appellant-accused person caused the prosecutrix miscarriage by administering medicine to her but continued sexual relationship with the prosecutrix by promising to marry her. Ultimately when again the prosecutrix insisted for marriage, the appellant-accused person refused to marry her and threatened the prosecutrix to kill if she discloses the fact to anyone. Hence, out of fear, the prosecutrix could not approach the police prior to the institution of the case. On the basis of the written report submitted by the prosecutrix, police registered Bisunpur P.S. Case No. 22 of 2004 and took up investigation of the case.