TAPAN BHAGAT Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This appeal has been filed against the judgment of conviction and order of sentence dated 25.6.2001 passed by Sri Sita Ram Mahato, 2nd Additional Sessions Judge, Seraikella in Sessions Trial No. 292 of 1996 against the appellant, Tapan Bhagat, by which the appellant has been found guilty of committing rape upon the informant, victim, Pallavi Bhagat and has been convicted under Section 376 of I.P.C. and has been sentenced to undergo rigorous imprisonment for seven years.

(2.) The prosecution case was started on the basis of the F.I.R. given by Pallavi Bhagat, W/o Pramotho Bhagat, P.W.5.

(3.) The prosecution story in brief as stated by the informant in her fardbeyan is that on 10.5.1996 at 8.30 P.M. she was alone in her house because her husband had gone to Kashidih to attend marriage and other members of the family had gone to the house of Sahadev Bhagat in the village to attend marriage. At the night when she went out for urination, her cousin 'devar', Tapan Bhagat, appellant came there and closed her mouth by hand and carried her inside the rear room of the house and threw her on the ground and committed rape for ten minutes. She made hue and cry and hulla. On hearing her hulla, her 'Bhaisur' Karendra Bhagat came there. Then the accused Tapan ran away pushing her 'Bhaisur' to the side. When her husband came back from Kashidih then she went to the police station and gave her statement before the police. Her husband also signed on the fardbeyan and on the basis of the said fardbeyan police registered a case under Section376 I.P.C. and after investigation submitted chargesheet in the case. Learned Magistrate after taking cognizance of the case committed the same to the court of sessions where the trial was held.