RAJU YADAV Vs. THE STATE OF JHARKHAND

JUDGEMENT

(1.) Reserved on 11.09.2018 Pronounced on 18/12/2018 1. Heard learned counsel for the appellant and learned counsel for the State.

(2.) This criminal appeal is directed against the Judgment of Conviction dated 29th November, 2006 and Order of sentence dated 30th November, 2006 passed by the learned Sessions Judge, Seraikella-Kharsawan in Sessions Trial No. 07 of 2005, whereby the sole appellant was held guilty and was convicted for offence punishable under Section 376 of the Indian Penal Code and was sentenced to undergo rigorous imprisonment for 7 (seven) years for offence under Section 376 of the Indian Penal Code.

(3.) Prosecution case, as it appears from the fardbeyan of P.W.2, the victim (recorded on 08.10.2004), is that she resides as a tenant with her mother, father, elder sister and brother-in-law in the house of Rajesh Gupta. She stated that on the last night (07.10.2004), after taking meals with her family members she went to sleep. At about 03.00 a.m. in the wee hours, she woke up to nature's call and thereafter when she was returning to her room, when Raju Yadav, who is neighbor, all of a sudden came to her and pressed her mouth with his hand and by threatening her to kill if she raises alarm, took her dragging to his room and pushed her on the cot whereafter he committed rape upon her. Victim tried to raise alarm but the appellant kept her mouth pressed with his hand. Victim has further stated that thereafter her brother-in-law Pradeep Tanti came there searching for her and on seeing her brother-in-law, appellant fled.