RAM NIWAS SAHU Vs. STATE OF BIHAR

JUDGEMENT

(1.) BOTH the Criminal Appeals, Cr. Appeal No. 427 of 1980 and Cr. Appeal No. 42 of 1999 arise to the same judgment have been heard together and are being disposed of by this common judgment.

(2.) APPELLANT Rajendra Sharma of Cr. Appeal No. 42 of 1990 and appellant of Cr. Appeal No. 427 of 1989 Ram Niwas Sharma have been sentenced to undergo rigorous imprisonment for ten years under Sections 376/34 of the Indian Penal Code and rigorous imprisonment for two years under Section 456 of the Indian Penal Code. However, both the sentences were directed to run concurrently.

(3.) THE prosecution case in short is that the informant Kanti Devi sleeping inside her house in between the night of 22/23/11/1988. It is stated that the husband of the informant had gone to witness drama show, which was being staged in the village. It has been alleged that at about mid -night both the appellants scaled over the boundary wall of the house of the informant and entered into her room where she was sleeping alone. It has been further stated that the appellant Ram Niwas Sahu caught hold the hands of the victim lady and pressed her mouth and the appellant Rajendra Sharma committed rape on her. Thereafter the appellant raised alarm upon which one Jamuna Seth came there and she narrated about the incident and he communicated this news to her husband. Thereafter, one chowkidar and her husband Nathuni Sah along with co -villagers came there and she narrated about the alleged occurrence to them also. The fardbeyan of the informant was recorded by the police and after completion of investigation, charge sheet was submitted against both the appellants under Sections 456 and 376/36 of the Indian Penal Code (hereinafter to be referred to as the IPC). Cognizance was taken and accordingly, the case was committed to the Court of Sessions and finally the trial concluded with the result as indicated above. The appellants pleaded not guilty and stated that they have been falsely implicated in this case due to enmity.