NANHAK SAO Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard the parties.

(2.) Instant appeal is directed against the judgment of conviction and order of sentence dated 23.01.2003, passed in S.T. No. 639 of 1993 by the learned Additional Sessions Judge, Fast Track Court-I, Chatra, whereby and whereunder, the appellant has been held guilty for offence under Section 376 of the Indian Penal Code and thereby sentenced to undergo rigorous imprisonment for seven years under Section 376 of the Indian Penal Code.

(3.) The prosecution case as per the fardbeyan of the informant/ victim PW-7 is that on 01.06.1993 at about 9:00 p.m. accused Nanhak Sao came to her house and took the victim to his house on the pretext that her husband had sent money for her. The victim believing the accused went to the house of accused. The victim was told by the accused that his wife was in the house. The victim relying on this entered into his house. In the meantime, the accused closed the door and dragged her on the earth. The victim was subjected to rape at the hands of accused in spite of her resistance. The accused committed rape for about half an hour. Victim sent information to her husband, who was working at Dhanbad. She could not sustain the agony of deathless shame and an attempt was made by the victim to commit suicide.