ARJUN TOPPO Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THE appellant has filed this appeal for setting aside the judgment of conviction and sentence dated 4.2.2009 and 5.2.2009 passed in ST. No. 502/2006, arising out of Kanke P.S. Case No. 85 of 2005, corresponding to G.R. Case No. 3593 of 2005 by the Additional Judicial Commissioner, Fast Track Court -X, Ranchi. Whereby the appellant has been convicted for the offence under Section 376 of the Indian Penal Code and sentenced to RI for seven years and to pay a fine of Rs.500/ - and in default he is ordered to undergo for a further period of 15 days. Arun Choudhury Versus State Of Jharkhand

(2.) PROSECUTION case in, brief is that this case was instituted on 17.11.2005 on the basis of a written report of Aruna Bara wherein she has stated that in the year 1997 when she was student of Intermediate, there was love developed between her and the accused/appellant and physical relationship was also established with her on the assurance of marriage. This was continued up to March 2005 which is a pretty long time. Thereafter, when she insisted for marriage, the accused/appellant refused to marry her. Thereafter, her relative also approached to him but he refused them also. Lastly, she filed this case on the allegation that the accused/appellant committed rape on her since 1997 to March 2005 on the false assurance of marriage and ultimately he refused to marry her.

(3.) MR . Nilesh Kumar, the learned counsel for the appellant submits that the evidence of PW 4 the informant who is the alleged victim, is very important. She has stated in her evidence that in the year 1997 she was student of Intermediate in Sanjay Gandhi Memorial College. She had developed friendship with the accused/appellant and on the allurement of marriage, the accused/appellant started visit to her house and also made physical relationship with her and this was continued for 1997 to March 2005. But in her cross, she has very specifically stated that they were in deep iove with each other and due to this attachment, they used to go each others house even once they went to Gangtok/Sikkim and stayed there two days which she did not tell her parents even. She has admitted in her evidence that accused/ appellant committed sexual intercourse with her on 17.4.2002 in her house and thereafter 11.5.2002 in his own house. She has stated in paragraph 22 of her evidence to that extent that the accused/appellant left her without satisfying her. She has further stated that when she used to go his house, she usually stayed there for 5 -6 hours after taking their meal together.