RAM JANAM PRASAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE Appellant has been convicted under Section 376 I.P.C. and sentenced to rigorous imprisonment for 7 years by judgment dated 27/29 -6 -1995 passed in Sessions Trial No. 116/88, Andar P.S. Case No. 101/86 by the learned Additional Sessions Judge Ist, Siwan.

(2.) THE case of the prosecution is that on 2.12.1986 at about 7.30 p.m. The Appellant who happened to be the cashier of Land Development Bank aged about 35/ 36 years inquired from the victim about the absence of her parents and dragged her through the back door of her house and took her to the residence and thereafter rapped her and also took her naked photograph. Three days later the First Information Report was instituted.

(3.) ON going through the evidence of the prosecution one find that neither the doctor nor the Investigating Officer has been examined. It has been conceded by the P.W. 4 that she resides in a densely populated area and, therefore, it does not seem probable and she could have been pulled out from her house at 7.30 p.m. in the evening without anyone coming to know of it. Further the evidence also discloses that the Appellant used to come to her house and have meals, which showed that there was easy relationship between the parties.