BINOD MANDAL Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The appellant has filed this appeal for setting aside the judgment of conviction and sentence dated 23-8-2006 and 28-8-2006 passed in S. T. No. 183 of 2005/82 of 2005, arising out of Palajori P.S. Case No. 22 of 2005, corresponding to G. R. Case No. 155 of 2005-T.R. No. 893 of 2005 by the Additional Sessions Judge, Fast Track Court-IV, Deoghar whereby the appellant has been convicted for the offence under Sec. 376 of the Indian Penal Code and sentenced to R.I. for seven years and to pay a fine of Rs. 2000.00 and in default in payment of fine, he has further undergo R.I. for the period of three months.

(2.) The prosecution case arising on the basis of the written report lodged by prosecutrix herself in Pala Jori Police Station to the effect that on 25-3-2005 at about 9.30 p.m., she was seeing T.V. in her room and at that relevant time she was alone as her husband has left the house to attend a marriage ceremony in another village. In the meantime Binod Mandal (the appellant) entered into her room and bolt the door from inside and thereafter forcibly committed rape upon her. She was threatened that if she will raise any hulla, she will be killed. She became terribly frightened. After satisfying his lust, Binod Mandal fled away from her room. Thereafter, she raised hue and cry in loud voice. In the mean time Bhaisur of the informant (elder brother of the husband) on hearing her hue and cry, came out and chased Binod Mandal but Binod Mandal managed to flee away. On 26-3-2005 the next day her husband came and she narrated the whole occurrence and thereafter she has instituted a written complaint (Exhibit-1) at Pala Jori Police Station and on the basis of the said written report, a case has been instituted under Sec. 376 Indian Penal Code against the Binod Mandal (the appellant).

(3.) The appellant pleaded not guilty and submitted that he has been falsely implicated in this case as because previously one Niyati Bala sister-in-law of the informant has filed a case against him and in that case the appellant has been acquitted. The appellant has filed the judgment of the said case which is marked as Exhibit-B.