SUDESH JHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) This appeal was time barred but by order dated 11.9.1989, this Court ordered that this matter would be considered at the time of hearing of the appeal.

(2.) Heard earned Counsel on limitation. Delay is condoned and this appeal is admitted.

(3.) This appeal has been preferred by convict Sudesh Jha who had faced trial in Sessions Trial No. 34 of 1984 on the charges under Sections 376 and 323 of the Indian Penal Code ("the Code", in short for having committed rape upon Kanti Devi, on 16.5.1983 and also having caused her hurt, but he was acquitted of the charge under Section 376 of the Code and instead of Section 323 of the Code, was convicted under Section 354 of the Code and was sentenced to undergo rigorous imprisonment for one year.