HAIDER KHAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) Haider Khan, resident of Whity Bazar, Giridih, the appellant, stands convicted under section 376 read with section 511 of Indian Penal Code, and sentenced to undergo rigorous imprisonment for three years, and a fine of Rs. 2000/-, or in default to undergo simple imprisonment for three months. Feeling aggrieved, he had preferred this appeal.

(2.) The prosecution version, in brief, is that on 7.7.1982 at about 8.30 A.M. when Sonamani P.W. was working inside a room of the premises of the Mica Factory of Shrawan Kumar P.W. at Giridih, of which the appellant was Karinda, the latter had entered that room, and attempted to commit rape on Sonamani P.W. On alarm raised by Sonamani P.W. her co-workers Basmatia Chamain and Sukarmani P.Ws. had arrived. On seeing them, the appellant had come out of the room. Basmatia Chamain, Sonamani and Sukarmani P.W. had then left the factory premises. The appellant had continued following them. In the way, they had come across Jageshwar Lal Paswan and Sukhu Chauray P.Ws; who were with Darshan Marandi. On hearing the version of these ladies, they were brought to police station, Giridih, where, the case against the appellant was registered on the basis of the report Ext. 2 of Sonamani P.W. After completion of the investigations, the appellant was chargesheeted.

(3.) Out of seven witnesses examined by the prosecution, Sonamani P.W. 6 is the victim, and Basmatia Chamain P.W. 5 and Sukarmani P.W. 7 are the alleged eye-witnesses. Jageshwar Lal Paswan P.W. 1 and Sukhu Chauray, P.W. 4 had taken Sonamani P.W. to the police station for lodging the F.LR. Shrawan Kumar Gupta P.W. 2 is the owner of the factory premises. The evidence of Aditya Prasad P.W. 3 is formal in nature. He had proved Ext. I, the statement of Sonamani P.W. under section 164 of the Code of Criminal Procedure.