DHURI YADAV Vs. THE STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel for the appellant and counsel for the State.

(2.) This appeal is directed against the judgment of conviction and sentence dated 17.8.2001 passed by Sri N. Mishra, 1st Additional Sessions Judge-cum-Special Judge, Godda in Special Case No.3 of 1998 by which judgment, learned Additional Sessions Judge found the appellant guilty under Sec. 376/511 of the Indian Penal Code and convicted him there under. He sentenced the appellant to undergo rigorous imprisonment for five years and to pay a fine of Rupees one thousand and in default of payment of fine of Rs.1, 000.00 to undergo further rigorous imprisonment for three months.

(3.) The prosecution case started on the basis of the fard beyan given by P.W.8 Paro Devi on 5.3.1998 and on the same day of the occurrence stating therein that at about 2 P.M. in the afternoon when she had gone to village Ektara near a tank for collecting fire wood near 'arhar' filed, then suddenly the accused Dhuri Yadav son of Sri Prasad Yadav came there and he caught hold of her and started squeezing her breast, thereafter, he lifted her and went towards the 'arhar' field, whereupon after hearing hulla, Sebri Kumari, Meera Devi who were uprooting onion, came on hulla, seeing this, the accused left her on the ground and ran away. On hulla, other witnesses had also come there. She came to her home and narrated the incident to her father, and then along with her father and others, she came to the police station and gave a written report. On the basis of the statement, police registered a case under Sections 341/354 of the Indian Penal Code and after investigation, submitted charge-sheet under the aforesaid Sections and under Sections 3(IV) of S.C. & S.T. (Prevention of Atrocities Act, 1989). Since, the case was exclusively triable by a court of Sessions-cum-Special Judge; hence the case was committed to Sessions and subsequently transferred to the court of 1st Additional Sessions Judge-cum-Special Judge. Before the 1st Additional Sessions Judge charges were framed under Sections 376 and 511 of the Indian Penal Code as well as 3(I) (XI) of the S.C. & S.T. (Prevention of Atrocities Act, 1989).