BUDHAN CHAURASIA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This appeal is directed against the judgment of conviction dated 12.6.2002 and order of sentence dated 13.6.2002 passed by Sri Rajendra Prasad, IVth Additional District & Sessions Judge, Palamau at Daltonganj in Sessions Trial No. 55 of 2001, corresponding to G. R. Case No. 859 of 2000, Chainpur P. S. Case No. 82 of 2000, by which judgment the sole appellant was found guilty under Sec. 376 of the Indian Penal Code and sentenced him to undergo rigorous imprisonment for six years and a fine of Rs. 10,000.00 and in default further one year R.I. If the fine is realised the same will be given to the prosecutrix, Somari Devi.

(2.) It is submitted by the learned counsel for the appellant that it has come in cross- examination of the prosecution witness that there is a land dispute between the parties and as such the appellant has falsely been implicated in this case. He has further submitted that the doctor has found no injury on her body and as such the case of rape has not been proved beyond reasonable doubt and the appellant deserves benefit of doubt.

(3.) On the other hand, learned counsel for the State has opposed the prayer and submitted that the prosecutrix, who is a dumb girl has proved her case by her sign and gesture that this accused committed rape upon her on the date of occurrence and the case has also been corroborated by her mother (P.W.3) and aunt of the victim girl ( P.W. 4) and as such the conviction of the appellant is well founded and requires no interference by this Court.