KULDIP PRASAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS appeal is directed against the judgment and order of conviction and sentence passed by Shri V.N. Jha, 3rd Additional Sessions Judge, Muzaffarpur in Sessions Trial No. 345 of 1996. The sole appellant was convicted under Section 376 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for ten years.

(2.) THE case of the prosecution, as stated in the fardbeyan (Ext. 2) of Shakuntala Devi, mother of the victim girl, is that on 22.2.1996 at about 6.30 p.m. the informants daughter namely, Chandra Kumari, aged about 4 1/2 years, was playing at the verandah of her house along with other children where the accused -appellant Kuldip Prasad came and offered chocolate to her daughter. On allurement of chocolate, the accused lifted the victims in his lap and carried her away. When the informants daughter did not return for an hour, the informant started search for her in the mohalla. Subsequently, she was found near the boundary wall of the house of one lawyer of the ehalla. The informant enquired from her weeping daughter and then the latter told her that accused Kuldip Prasad had made her sit between his thighs and committed criminal assault upon her. The informant found that the underpants of the victim was wet and sticky. The informant related the alleged occurrence to the mohalla people. The police was informed which case there and recorded hex fardbeyan. On the basis of the aforesaid fardbeyan, the case was registered, investigated, and charge -sheet was submitted and after cognizance and commitment, the accused was put on trial and sentenced, as stated above.

(3.) THE accused in his suggestion to the P.Ws. denied the occurrence and alleged false implication on account of enmity.