GOPAL LOHAR Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This criminal appeal is directed against the judgment of conviction and sentence passed by the 2nd Additional Judicial Commissioner, Khunti (Ranchi) Sri Rabindra Nath Verma in Session Trial No. 526 of 1998 (G.R. No.95 of 1997) whereby the appellant is convicted under Section 376, I.P.C. and sentenced to undergo the rigorous imprisonment for ten years.

(2.) The prosecution case in brief is that the informant Donda Munda filed a written complaint which is Exhibit-1, on 29.11.1997 alleging therein that on 28.11.1997 he and his sister Somari Kumari had gone to weekly Saiko Market together. When both were returning in the evening. Gopal Lohar came to them in the way at about 6 p.m. and offered them for taking his sister on his bicycle and reach her to her house. Thereafter Gopal Lohar started on his cycle taking Somari Kumari with him on the cycle and the informant proceeded for his house on foot. It is further stated that the informant reached his house but his sister did not reach to his house. She came after some time and informed him that Gopal Lohar took her in a lonely place in Susuburu Jungle at about 6.30 p.m. and raped her forcibly. The informant informed about the occurrence to the villagers and also informed the police. Then the police registered Murhu P.S. Case No. 48 of 1997 dated 29.11.1997 under Section 376, I.P C. against Gopal Lohar.

(3.) The police investigated into the case and submitted charge-sheet against the accused. Witnesses were examined and after hearing the both sides, the Trial Court convicted and sentenced the appellant in the manner stated above.