GANESH SAO Vs. STATE OF BIHAR

JUDGEMENT

(1.) BOTH the appellants, namely, Ganesh Sao and Sita Ram Sao, Sled this appeal against the judgment of conviction and order of sentence passed by learned 2nd Additional Sessions Judge, Hazaribagh, who convicted the appellants for the offence, under Section 354 of the Indian Penal Code, and sentenced them to undergo rigorous imprisonment for a period of one year each in Sessions trial No. 290/89.

(2.) THE case of the prosecution in brief is that one Chakni Devi lodged an First Information Report alleging therein that her husband had gone to his Sasural situated at village Barwadih whereas her mother -in -law and minor daughter were lying on a cot in a room and she was busy in cooking food when both the appellants/accused -persons entered into the house and asked about her husband, on which she told them that he had gone to his Sasural. It is further alleged that that appellant No. 2, Sita Ram Sao, caught hold of the hand of the Informant and got her down and thereafter the appellant No. 1, Ganesh Sao pulled but her saree and there after committed rape on her forcibly. She was also threatened to be killed if she raised Hulla. It is also alleged that the appellants/accused -persons committed theft of articles and thereafter, they fled away. She raised Hulla on which villagers rushed to the spot and saw the appellants fleeing away from the house of the informant. Accordingly, the F.I.R. was lodged for the offence under Sections 376 and 380 of the Indian Penal Code. The police investigated the case but submitted final report finding the case false. Thereafter, the Informant filed an objection petition which was inquired into and thereafter cognizance was taken under Section 376, I.P.C.

(3.) ON being dissatisfied with the judgment, the appellants preferred this appeal claiming therein that the learned Court below committed error in convicting the appellants for the offence under Section 354, I.P.C., when the Court below had already not found the case true under Section 376, I.P.C. It is also claimed that none of the villagers supported the prosecution case in any manner and there is no evidence to establish the charge for the offence under Section 354 of the Indian Penal Code and as such the judgment of conviction and sentence is fit to be set aside.