SOHAN SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Appellants, two in number, were charged and prosecuted for commission of offence under Section 376(2)(g) of the Indian Penal Code (for short, IPC) for having committed rape on prosecutrix at about 7.00 p.m. on 23rd July 1983 by 5th Additional Sessions Judge, Begusarai in Sessions Trial No.94 of 1998 decided on 26th September 1991, who found them guilty and awarded four years jail sentence to each one of them. The said judgment of the learned Sessions Judge was subject-matter of challenge at the instance of the appellants in the High Court of Patna by filing Criminal Appeal No. 360 of 1991 decided on 17th December 2002. The appeal of the accused-appellants has been dismissed and the conviction of the appellants under Section 376(2)(g) of IPC has been upheld and sentence of four years awarded by Trial Judge has also been affirmed. Hence, this appeal.

(2.) The prosecution case, in short, is as under : On 23th July 1983 at about 7.00 p.m., P.W.3-prosecutrix was returning home along with Shiela Devi, her sister-in-law, after giving fodder to cattle. After they had proceeded few steps from the place, Sohan Singh aged 19 years and his brother Mohan Singh aged about 22 years waylaid them. Mohan Singh confronted prosecutrix whereas Sohan Singh caught hold of Shiela Devi. They threatened them on the point of pistol not to raise any alarm, otherwise they would be met with dire consequences. Mohan Singh got in full grip of prosecutrix and forcibly took her to the nearby maize field. There, he committed offence of rape on the prosecutrix. Subsequently, Sohan Singh also repeated the crime of sexual assault upon her. In the meantime, on alarm being raised, P.W.2-husband of prosecutrix came. He was assaulted by both of them, with the butt of the pistol. He sustained injuries. Thereafter, some other villagers came on the spot. Obviously, both the accused fled away from the place of occurrence.

(3.) The prosecution case was based on fard bayan of P.W.3-prosecutrix.