STATE OF JHARKHAND Vs. SHAILENDRA KUMAR RAI @ PANDAV RAI
LAWS(SC)-2022-10-79
SUPREME COURT OF INDIA (FROM: JHARKHAND)
Decided on October 31,2022

STATE OF JHARKHAND Appellant
VERSUS
Shailendra Kumar Rai @ Pandav Rai Respondents





Cited Judgements :-

LAKSHMAMMA VS. STATE OF KARNATAKA [LAWS(KAR)-2023-5-203] [REFERRED TO]


JUDGEMENT

DR.DHANANJAYA Y.CHANDRACHUD,J. - (1.)This appeal arises from the judgment of the High Court of Jharkhand dtd. 27/1/2018. The High Court allowed the appeal by the respondent and set aside the order of conviction and, consequently, of sentence passed by the Additional Sessions Judge, FTC-II Deoghar, on 10/10/2006 and 11/10/2006 respectively. The Sessions Judge had convicted the respondent for offences punishable under Ss. 302, 376, 341 and 448 of the Indian Penal Code 1860[1] and sentenced him to suffer imprisonment for life.
[1] "IPC"

A. Background

(2.)The case of the prosecution is that the respondent entered the house of the victim and deceased in Narangi village, on the afternoon of 7/11/2004. It is alleged that he pushed her to the ground and committed rape upon her, while threatening to kill her if she sounded an alarm. She called out for help, at which point the respondent allegedly poured kerosene on her and set her on fire with a matchstick. Her cries for help led to her grandfather, mother, and a resident of the village to come to her room. The respondent is alleged to have fled the scene upon seeing them.
(3.)The victims family (along with the villager) extinguished the fire and took her to Sadar Hospital, Deoghar, where she was admitted and underwent treatment for the injuries sustained by her. The station in-charge at PS Sarwna, received information regarding the incident and travelled to Deoghar, where he recorded the victims fard beyan on the same day (i.e., 7/11/2004). In her statement, she narrated the incident as described in paragraph 2 above.


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