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S.B.SINHA, DALVEER BHANDARI
Tarkeshwar Sahu – Appellant
Versus
State of Bihar (Now Jharkhand) – Respondent


Counsel for the Parties :
For the Appellant :Chandrakant, A.C., Advocates.
For the Respondent:Gopal Prasad and Sarbajit Dutta, Advocates.

JUDGMENT

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.

2. 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 prosecutrix. It is alleged that the prosecutrix raised an alarm, and immediately thereafter several persons including PW1 Ram Charan Baitha, the informant and the father of the prosecutrix, Sahdeo Sahu PW2, Deonandan Sahu PW3 the Sarpanch of the village, Jewalal Sahu PW6 came from the adjoining houses and caught the

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