SARFARAJ ANSARI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The instant application is directed against the judgment dated 21.05.2013 passed by the learned Principal Sessions Judge, Sahibganj in Criminal Appeal No. 41 of 2013, whereby the learned appellate court dismissed the appeal preferred by the petitioner and affirmed the judgment of conviction and order of sentence, both dated 13.03.2013, passed by the learned Principal Magistrate, Juvenile Justice Board, Sahibganj in connection with G. R. No. 296 of 2011 (E. No. 34 of 2013) arising out of Rajmahal (Ranga) P. S. Case No. 33 of 2011, whereby the petitioner has been found guilty for offence under Section 376 of the Indian Penal Code and has been sentenced to undergo imprisonment for two and half years and was directed to serve the sentence in the Juvenile Special Home, Dhanbad.

(2.) The prosecution case in brief is that the informant-Afsana Khatoon alleged that the accused-petitioner had proposed her by saying that he would marry her in future and after that cohabited her on several occasions and further alleged that the aforesaid act of cohabitation on false assurance to marry her in future was continued for about eight months before registration of First Information Report. It has further been alleged that when the victim girl became pregnant and was carrying pregnancy of six months then pressure was put on the accused-petitioner to marry her but the petitioner had refused to marry her and pursuant to that the prosecution case has been lodged.

(3.) After lodging of FIR, the case was investigated and after due investigation, charge-sheet under Section 376 of the Indian Penal Code was submitted and cognizance was taken. The petitioner pleaded not guilty and sent up for trial.