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2013 Supreme(SC) 250

V.GOPALA GOWDA, CHANDRAMAULI KR.PRASAD
RAJESH PATEL – Appellant
Versus
STATE OF JHARKHAND – Respondent


JUDGMENT

V. Gopala Gowda, J.

This criminal appeal is directed against the judgment of the High Court of Jharkhand at Ranchi passed in Criminal Appeal No.58 of 1999 dated 14.11.2006 wherein it has confirmed the judgment and order passed by the 1st Additional Sessions Judge, Jamshedpur in S.T.No.168 of 1994/172 of 1995. By the said judgment, the appellant herein was convicted under Section 376, I.P.C. and was sentenced to undergo rigorous imprisonment for a period of seven years.

2. The prosecution case in nutshell is stated hereunder for the purpose of appreciating the rival legal contentions urged in this appeal.

3. The prosecutrix in this case has made a statement before the police at Ghatsila police station, stating that she has narrated the incident which took place on 14.2.1993 at 11.00 a.m. in the house of the appellant.

She stated that she was working as a nurse in the Nursing Home of Dr. Prabir Bhagat at Moubhandar in the jurisdiction of Ghatsila, East Singhbhum District. The house of the appellant Rajesh, who appears to be a classmate of prosecutrix, is situated near the Nursing Home in which the prosecutrix was working as a nurse. It is the case of the prosecution that at the r



























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