RAJU THAKUR Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The present criminal appeal is directed against the judgment of conviction dtd. 24/11/2003 and order of sentence dtd. 25/11/2003 passed by the Additional Judicial Commissioner, Fast Track Court No.VII, Ranchi in Sessions Trial Case No.636 of 2002 arising out of Sadar P.S Case No.108 of 2002, corresponding to G.R Case No.2331 of 2002, whereby the appellant has been convicted under Ss. 376/511 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for four years.

(2.) The prosecution story, as per the fardbeyan of the informant-Banwari Mahto, father of the victim, as recorded on 26/8/2002, at about 22.00 hrs. is that Raju Thakur was residing in a rented house of Sonelal Mahto at village Buti. On 26/8/2002, at about 6:30 pm he took the victim aged about 4 years to his room and bolted it from inside. He undressed the victim and tried to commit rape. The victim started crying and then the landlady rushed towards the room and other nearby persons also gathered there. They attempted to open the door and saw the victim and the appellant in naked position. It is alleged by the informant that the appellant with an intention to commit rape upon the victim took her inside his room, however, due to the intervention of the landlady and other nearby persons he could not succeed in committing rape.

(3.) On the basis of the fardbeyan of the informant, Sadar P.S Case No. 108 of 2002 was registered under Sec. 376/511 of the Indian Penal Code against the present appellant. After investigation, police submitted charge-sheet on 21/9/2002 and, accordingly, the court below took cognizance of the offences under Sec. 376/511 of the Indian Penal Code. Thereafter, charge was framed under Sec. 376/511 of the Indian Penal Code against the appellant on 18/1/2003.