RAMESH MOCHI Vs. STATE OF BIHAR

JUDGEMENT

(1.) This revision is directed against the judgment of conviction and sentence dated 1.7.1999 passed by the learned Sessions Judge, Gumla, in Criminal Appeal No. 32 of 1999 by which the learned appellate Court confirmed the judges of conviction and order of sentence dated 15.4.1999 passed by the 2nd Assistant Sessions Judge, Gumla, in Sections Trial No. 243 of 1997 by which the learned Assistant Sessions Judge convicted the petitioner under Sections 376, 448 and 323 of the Indian Penal Code and sentenced him to undergo rigorous imprisonment for seven years under Section 376 of the Indian Penal Code, two months' rigorous imprisonment under Section 448 of the Indian Penal Code and one moth's rigorous imprisonment under Section 323 of the Indian Penal Code. However, all the sentences were ordered to run concurrently.

(2.) The case of the prosecution in brief is that on 1.6.1997 at night when the informant was sleeping in the house alone, in the meantime, the petitioner came there and pounced upon her and thereafter he committed rape on her forcibly. It is also alleged that the family members of the informant had gone to the house of Ghasia Oraon to attend the feast. The informant made protest at the relevant time but the petitioner gave bhujali blow on her left forehead and dragged her near the dhaba where she was forcibly raped. After investigation, the police submitted charge sheet against the petitioner.

(3.) Witnesses were examined in the Court below. After hearing both sides and considering the evidence on record, the trial Court convicted the petitioner under Sections 376, 448 and 323 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for the period, as indicated above.