HASIM Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This criminal appeal is directed against the judgment of conviction and order of sentence dated 16.09.2003 passed by the learned Additional Sessions Judge, Fast Track Court-1, Chatra in S.T. No. 23 of 2003 whereby and whereunder the appellant has been found guilty and convicted for offence punishable under sections 376 of the Indian Penal Code and has been sentenced to undergo Rigorous Imprisonment for 7 years.

(2.) The prosecution story in brief as narrated in the written report of victim (name concealed) dated 15th September, 2002 was that Md. Hasim who resided just adjacent to her house, two years ago when she was alone in her house, came in the evening and started behaving in an inappropriate manner. Subsequently, he used to write letters to her in which he expressed his love and affection towards her and expressed that if she will not reciprocate his love then he will kill himself by consuming poison. She was, therefore, compelled to express her love for him. Thereafter the accused assured her that when he will return from Saudi Arabia, he will marry her. The accused used to send letters to her from Saudi Arab. When he returned from Saudi Arab, he again expressed his love towards the informant. The informant requested him to marry her. He assured her to marry and established physical relationship. On 09.09.2002, a letter was sent by Md. Hasim to her in the morning, wherein it was written to meet him at 11 a.m., near the power house but she could not go there. Thereafter, accused Md. Hasim came to her house and forcibly committed rape with her. The matter came to the knowledge of the people of the neighbourhood . The informant told the accused to marry her. However, Md. Hasim assured her to get herself married to someone else and also offered her some money. Refusal of marriage by the accused compelled the informant to file the written report before the Officer-in-Charge, Itkhori police Station.

(3.) On the basis of the written report ( Ext.-2), Itkhori P.S. Case No. 85 of 2002 under section 376 of the Indian Penal Code was registered. Investigation commenced, charge-sheet was filed and thereafter the case was committed to the court of session. Charges were framed under 376, IPC to which the accused pleaded not guilty and claimed to be tried.