SANJEEV KUMAR JHA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard the parties.

(2.) This appeal has been preferred for setting aside the judgment of conviction and order of sentence dated 201.2002, passed by learned 1st Additional Sessions Judge, Seraikella in Sessions Trial No. 311 of 1998, whereby and whereunder, the sole appellant, on being found guilty, has been convicted under Sections 376/511 of the Indian Penal Code and has been sentenced to undergo rigorous imprisonment for five years and also to pay a fine of Rs. 10,000/- and in default of the payment of the fine to undergo simple imprisonment for three months. The amount of fine realized was ordered to be paid to the victim as compensation.

(3.) The prosecution case as per the fardbeyan of informant Ganesh Singh, PW-5 and father of the victim girl (name concealed) is that at about 11:00 a.m. he was at his shop, which is situated near Road No.10. At that time, his son Naresh Kr. Thakur, who is PW-1 in this case came to him and informed that his mother is calling him at his residence. Then the informant went to his residence where Indu Devi, who is PW-2 informed him that on the same day at about 10:30 a.m. his minor girl aged about 5 years who is PW-4 was forcibly taken away by the accused Sanjeev Kumar Jha, alias Pinku Jha, resident of Road No.11, Quarter No.20/1/6 for committing rape to his house. She told that victim girl herself has stated about the occurrence to her. Then the informant asked to the victim girl about the occurrence. Then the victim girl told that before the alleged occurrence, she came from the school and after taking meal, she was playing near a tree near her house. In the meantime, the accused came there and asked her to accompany him. He also told the victim gril that he would give her chocolate. The victim girl further stated when she did not become ready, the above accused forcibly took away her in his quarter and undressed her under pant as well as tried to commit rape on her. When she started weeping, the accused asked to stop weeping and then she returned to her house and narrated the entire occurrence to her mother. Thereafter the informant came to the police station along with his victim daughter and recorded his statement.