ARJUN SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) This is an appeal preferred by convict Arjun Singh against the judgment and sentence recorded in Sessions Trial No. 329 of 1996 by the 4th Additional Sessions Judge, Vaishali at Hajipur, where-under, the appellant was held guilty under Section 376 of the Indian Penal Code ("the Code", in short) and on hearing on sentence, he was sentenced to undergo rigorous imprisonment for 10 years.

(2.) It may be mentioned that this case, was taken up for hearing on 24.11.2000 but none appeared on that date on behalf of the appellant, hence, the case was adjourned. Today also on calls no one has appeared on behalf of the appellant. Learned Addl. Public Prosecutor has been heard and I myself have gone through the records of the case including the evidence and the judgment.

(3.) The allegation as coming through the First Information Report (Ext. 3) lodged by Sahnaj Begam whose signature whereupon is Ext. 1, is that she, employed as a peon in a Government office, was living in Ganga Bridge Colony at Hajipur with her husband and children. On 8.10.1995, Arjun Singh, the appellant reached there under intoxicated condition and started raising hulla. On that the informant with family members went to the other room to view the TV, but three years old Hena was left in the first room. After some time, her seven years old daughter Homa when came to the room, she found Hena crying and this appellant having removed his 'pajama' lying on her. She told the informant and others at which they came and at that Arjun Singh fled away tying knot of his 'pajama'. Hena was crying and blood was oozing out from her private part. After some time, Arjun Singh came with knife in his hand and threatened to kill them if the case was instituted. Since there was no male member in the family, the informant went to the police station on the next day and lodged the, First Information Report. In due course, the trial took place and the appellant was convicted as already stated.