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2015 Supreme(Jhk) 277

VIRENDER SINGH, APARESH KUMAR SINGH
Sona Ram Hembram – Appellant
Versus
State of Jharkhand – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Rajesh Kumar
For the Respondent: Md. Hatim, APP

JUDGMENT :

Virender Singh, CJ.


At the very outset, it needs to be mentioned here that since the appellant was not in a position to engage any lawyer to defend his case by filing an appeal against the impugned judgment, Jharkhand State Legal Services Authority provided the services of its panel lawyer. It is how the instant appeal was filed in this Court, in which there was delay of 1711 days, which stood condoned, vide order dated 14.01.2015 and, thereafter, the main appeal also admitted to hearing on 28.01.2015. Since it is a case falling under section 376 IPC, therefore, priority was given to it for its final consideration over and above other pending appeals.

2. Appellant Sona Ram Hembram (for short to be referred to as ‘accused’ only) aged 45 years was charged for the offence punishable under section 376 IPC for allegedly committing rape upon a girl (daughter of PW Smt. Menna Gope) who was hardly of the age 13-14 years on the alleged date of commission of offence. He now stands convicted for the said charge vide impugned judgment of learned Addl. Sessions Judge, Chaibasa, dated 2nd of July 2009 and sentenced to undergo rigorous imprisonment for a period of 10 years and a fine of



















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