SUSHIL MURMU Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This appeal is directed against the judgment of conviction dated 06.09.2007 and order of sentence dated 11.09.2007, passed by the learned Sessions Judge, Dumka (SP) in Sessions Case No. 259 of 2005, whereby and whereunder the Court having found the appellant guilty for the offences punishable under Sections 376/341 and 324 of the Indian Penal Code and sentenced him to undergo 7 years for the offence under Section 376 of the Indian Penal Code and no separate sentence has been passed under Section 324 I.P.C. and 341 I.P.C.

(2.) The prosecution case, as has been projected on the basis of the written report by the victim, Hema Muni Soren (PW3), which was lodged at Jarmundi on 06.05.2005 at about 10:45 am on the allegation that the father of the victim, namely, Rushi Lal soren (PW2) went to Bartand market and on being late at about 9 pm, she went outside a little far from the village to see her father. In the meantime, the appellant who hails from the same village caught hold her and committed rape on her. On being chided, the appellant caused teeth bite on her lips by assaulting her and she became senseless.

(3.) On the basis of the written report, a formal FIR (Exhibit 3) was drawn. Thereupon, the I.O. after due investigation, submitted chargesheet. Cognizance of the offence was taken against the appellant.