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SUPREME COURT OF INDIA

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CASE NO.:

Appeal (crl.) 1036 of 2005

PETITIONER:

Tarkeshwar Sahu

RESPONDENT:

State of Bihar (Now Jharkhand)

DATE OF JUDGMENT: 29/09/2006

BENCH:

S.B. SINHA & DALVEER BHANDARI

JUDGMENT:

J U D G M E N T

DALVEER BHANDARI, J.

This appeal is directed against the judgment of the

Jharkhand High Court at Ranchi, Jharkhand passed in

Criminal Appeal No.277 of 1999, dismissing the appeal

filed by the Appellant and upholding the judgment of the

Additional Judicial Commissioner, Ranchi, whereby the

Appellant was found guilty for the offence punishable

under Sections 376/511 of Indian Penal Code and was

sentenced to undergo rigorous imprisonment for seven

years.

Facts which are necessary to dispose of this appeal,

in nutshell, are as follows.

On 18th February, 1998, at about 1.30 a.m., Tara

Muni Kumari, aged about 12 years, came out of her

house to answer the call of nature. The appellant at that

time had forcibly taken her to his Gumti for committing

illicit sexual intercourse with her. The said Gumti of the

appellant was only few feet away from the house of the

prosecutr