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2014 Supreme(Jhk) 697

D.N.UPADHYAY
Deepak Mahto – Appellant
Versus
State of Jharkhand – Respondent


Advocates Appeared:
For the Appellant : Mr. Ajay Kumar Trivedi.
For the State : Mr. Ravi Prakash.

JUDGMENT

D.N. Upadhyay, J.

This Criminal Appeal has been directed against the Judgement dated 24.02.2004 and order of conviction dated 28.02.2004 passed by A.J.C. (F.T.C. No. VIII), Ranchi in Sessions Trial No. 624 of 2002/Trial No. 81 of 2003 whereby the appellant has been held guilty for the offence punishable under Section 376 of the Indian Penal Code and he has been sentenced to undergo R.I. for seven years and further to pay fine of Rs.10,000/-and in default of making payment of fine further R.I. for one year. It is also directed that if the fine amount is realised, Rs.5,000/-may be paid to the prosecutrix by way of compensation.

2. The prosecution case in brief is that on 13.09.2001 the informant lodged written report addressing to the Officer Incharge, Kanke Police Station alleging therein that she fell in love with the appellant/ accused while they were studying in a school and the accused after assuring her to marry established sexual relation since the year 1997. It is further alleged that the accused was also hurling threat to spoil career and reputation of the informant due to that she did not report the incident to her parent.

On 22.08.2001, the informant was taken by th




























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