ADITYA SAHU Vs. STATE OF BIHAR

JUDGEMENT

(1.) The sole appellants Aditya Sahu has preferred this appeal against the judgment and order of conviction and sentence dated 24.3.1995 and 25.3.1995 respectively passed in Sessions Trial No. 508/90, whereby the 3rd Additional Judicial Commissioner, Ranchi had convicted him under Sections 354 and 323, INDIAN PENAL CODE, 1860 and sentenced him to undergo R.I. for two years under Section 354 INDIAN PENAL CODE, 1860 and to undergo R.I. for one year under Section 323, INDIAN PENAL CODE, 1860 The sentences are to run concurrently.

(2.) In short, the case of the prosecution Is that on 8.11.88 at about 8 a.m. the informant, Roza Kumari, daughter of Ganpat Uraon, was going towards the field of Ram Kishun Sao of village Sakra. When she reached near Patra Tanr accused Aditya Sahu caught her hand and when the informant tried to release herself he thrashed her on the ground and shut her mouth by his left hand and raised her Sari by his right hand and committed rape on her. After some time the informant raised hulls on which the accused wanted to throw her into a well. In the meantime, the mother of the informant came there and when her mother protested the accused threw brickbats on her, but that did not hit her mother. On hulla, the father of the informant also came and accused Aditya Sahu assaulted him with stone, as a result of which his father was injured and he fell down. The Mahal Choukidar brought them to the bus stand and they came to the police station on rickshaw. The informant gave her statement at the police station and put her thumb impression on it. Ext. 1 is the F.I.R. of this case. The police had instituted a case under Sections 376 and 337, INDIAN PENAL CODE, 1860 After investigation police submitted charge-sheet against the accused Aditya Sahu. The learned Chief Judicial Magistrate after taking cognizance of the case committed it to the Court of Sessions for trial.

(3.) The learned Additional Judicial Commissioner Ranchi, has convicted the accused-appellant under Sections 354 and 373, INDIAN PENAL CODE, 1860 and sentenced him to undergo R.I. for two years under Section 354, INDIAN PENAL CODE, 1860 and undergo R.I. for one year under Section 323, INDIAN PENAL CODE, 1860