DASRATH PRASAD Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THIS appeal is directed against the judgment of conviction dated 25.9.2002 and order of sentence dated 26.9.2002 passed by 7th Additional Sessions Judge, Dhanbad in Sessions Trial No. 34 of 2001 whereby and where under the learned court below convicted the appellant for committing an offence under Section 376 of the I.P.C. and sentenced him to undergo rigorous imprisonment for six years.

(2.) THE case of prosecution, in short, as per the fardbeyan is that on 11.6.2000 at 12:00 p.m. in the noon informant went to the shop of appellant for taking tea. She further alleged that while she was making payment, the appellant caught hold and took her behind the shop and committed rape. It is stated that at the time of occurrence co -accused Arjun Thakur came and put a cloth on her mouth, due to that she could not raise alarm. It is stated that, after the commission of offence appellant released her then she raised alarm, thereafter people arrived and appellant fled away.

(3.) IT appears that learned Sessions Judge, Dhanbad framed and explained the charge to the appellant and co -accused Arjun Thakur under Sections 376/34 of the I.P.C. to which they pleaded not guilty and claimed to be tried Thereafter, the 'prosecution adduced oral and documentary evidence in support of its case. After close of the case of prosecution, statement of accused persons recorded under Section 313 of the Cr.P.C. in which their defence is of total denial. The appellant had also taken a defence that the prosecutrix owe money to the appellant and when he requested her for returning the said money, he has been falsely implicated in the present case. 4 After considering the evidences available on record, co -accused Arjun Thakur has been acquitted by the learned court below, however, the appellant has been convicted under Section 376 and sentenced to undergo rigorous imprison -ment for six years. Against that the present appeal has been filed.