BUDHRAM LAGURI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Instant appeal is directed against the judgment of conviction and order of sentence dated 18th June, 2003 passed by the learned Additional Sessions Judge-Fast Track Court-III, Chaibasa in Sessions Trial No.12 of 2003 (S.T.R. No.07 of 2003) by which the sole accused have been convicted under Section 376 of the Indian Penal Code and awarded the sentence of rigorous imprisonment for a period of seven years and to pay a fine of Rs.2000/- and in default further sentenced to undergo rigorous imprisonment for six months with set-off clause about the period already undergone in jail custody during trial.

(2.) The short fact of the case is that informant/victim Budhni Laguri was transplanting paddy seedlings in the field of her sister on 06.09.2002 and while she was going back to her house for taking meal then near Banyan tree accused caught hold of her and forcibly dragged her near Murrom Khadan. She raised alarm but no one came to rescue her. The further case is that appellant forcibly committed rape upon her and thereafter fled away. After the incident, informant returned to her house weeping and narrated the incident to her mother Chandmani Laguri (P.W.6) as her father was not present in the house. When her father returned in the evening he was also informed about the occurrence. On the next day, the village Munda (P.W.2) was informed and he convened a Panchayti but no decision could be taken. Ultimately on 09.09.2002 informant along with her father approached the Police where her fardbeyan was recorded. Accordingly, Noamundi P.S. Case No.30 of 2002 dated 09.09.2002 was registered under Section 376 of the Indian Penal Code against the appellant. After investigation charge sheet was submitted and after commitment of the case the charge was framed upon him.

(3.) The prosecution altogether examined eight witnesses whereas no witness was examined from the side of defence.