RANCHI, India, Sept. 24 -- Jharkhand High Court issued the following order on Aug. 25:

1. Heard Mr. Sunil Kumar learned counsel for the appellant as well as Mr. Manoj Kr. Mishra, learned Additional Public Prosecutor appearing for the State.

2. Instant criminal appeal is preferred by above named appellant for setting aside his judgment of conviction dated 22.08.2001 and order of sentence dated 23.08.2001 passed by learned Ist Additional Sessions Judge, Gumla in S.T. No. 300/1995 whereby and whereunder the appellant held guilty for the offence under Section 376 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for 10 years along with fine of Rs.2000/- with default stipulation.

Factual Matrix

3. Factual matrix giving rise to this appeal is that on 01.08.1995 when the informant was returning from the weekly market along with her friend and as they got down from the vehicle near the village and proceeded towards their house, they saw that the appellant who was a co-villager was taking haria in Bhathi situated behind a brick-kiln. When they reached a bit ahead the accused intercepted the victim and her friend forcibly and threatened the friend of the victim to flee away from the spot. It is further alleged that the appellant took the victim near the banyan tree about 10:00 PM at night and forcibly raped her by giving threat to her life. It is also alleged that the victim was taken to Oratoli village where she was kept for some days, and repeatedly raped by the appellant and on the next day morning she was left to her village by the appellant. Thereafter, the victim narrated the whole story to her family members and ultimately reported to police.

4. On the basis of the statement of the victim/informant, F.I.R. was registered as Gumla P.S. Case No. 153 of 1995 corresponding to G.R. Case No. 523 of 1995 for the offence under Section 376 of the I.P.C. After investigation the police submitted charge-sheet against accused appellant. After taking cognizance, the case was committed to the court of Sessions. Later on, charge was framed and read- over and explained to accused to which he pleaded not guilty and claimed to be tried. After conclusion of trial, impugned judgment and order was passed which has been assailed in this criminal appeal.

5. Learned counsel for the appellant fairly admits that as per evidence of victim girl and other eye-witnesses examined in this case and medical report of the victim girl the allegation of rape against the appellant has been established. The occurrence is of the year 1995. The appellant was arrested and remanded to judicial custody on 05.08.1995 and throughout the trial of the case, till the judgment in Sessions Trial No. 300/1995 was passed, he was all along in custody till the instant appeal preferred before Hon'ble High Court. The appellant was directed to be released on bail vide order dated 29.01.2002 and thereafter he was released. As such appellant has remained in custody 7 years approximately out of 10 years of imprisonment awarded to him.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=oMtG67rmiKREdSyGbPkMYS9JMVO%2FoW3RbNgBme4yqdw0d9s4Eni6im1uQagP1EKA&caseno=Cr.A(DB)/473/2001&cCode=1&cino=JHHC010160912001&state_code=7&appFlag=)

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