RATAN KEOT Vs. STATE OF BIHAR

JUDGEMENT

(1.) This appeal has been directed against the judgment of conviction dated 5th, June, 1992 and order of sentence dated 6th June, 1992 passed by Sri Om Prakash Sinha, Additional Sessions Judge, Pakur, Sahebganj in Sessions Case No. 111 of 1988/22 of 1989, whereby and where-under, the learned Additional Sessions Judge convicted the appellant under Sections 376 and 493 of the Indian Penal Code and sentenced him to undergo rigorous imprisonment for a period of five. years under Section 376 of the Indian Penal Code and also for five years under Section 493 of the Indian Penal Code. However, both the sentences are ordered to run concurrently.

(2.) The case of the prosecution as alleged is that the informant Fuchani Keotin lodged a First Information Report claiming therein that in the month of chait the father and mother of the appellant came to the house of the informant and in presence of Mistri Soren, Bhola Keot, Jathlu Keot and others proposed to marry the informant with their son Ratan Keot (the appellant). The informants parents also agreed to marry the informant with the appellant. It is further alleged that in the evening on the day of occurrence, the informant was going to well to fetch water when the accused/appellant Ratan Keot caught hold the hand and asked her to accompany him for having sexual intercourse. The informant refused but the appellant said to have taken away her and thereafter committed rape on her. It is further alleged that the appellant assured to many with her as the marriage has already been settled by their parents and she also became pregnant. Thereafter she disclosed the fact to the appellant but the parents of the appellant refused to marry with the informant. There was a panchayat held in which the appellant was directed to marry but he refused to obey the direction of the panchas, on the basis of which, a First Information Report was lodged against the appellant. The police investigated into the case and submitted charge-sheet.

(3.) The appellant appeared before the Additional Sessions Judge and, accordingly, charge was framed under Sections 376 and 493 of the Indian Penal Code. The witnesses were examined in the Court below and after hearing both sides, the Court below convicted and sentenced the appellant in the manner as stated above.