VIDIYANAND CHOURASIA Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE appellant has been convicted u/s. 376 I.P.C. and sentenced to R.I. for five years by a judgment dated 30.11.1994 passed by the 1st Assistant Sessions Judge, Araria in Sessions Trial No.306 of 1992/ 390 of 1993. The case of the prosecution is that the informant was subjected to sexual intercourse on the promise of marriage by the appellant but refused to marry her subsequently.

(2.) DURING trial the prosecution has examined five witnesses in all. Out of whom, P.W.3 is the victim herself and she has stated that the appellant had started physical relationship with her when she was aged 18 years and thereafter refused to marry her but now they are both married and had come to depose in the Court together. P.W.4 is the father of the said victim, whereas P.W.1 and P.W.2, who are neighbours of P.W.4, have been declared hostile. P.w.5 is the doctor, who testified that the prosecutrix was carrying pregnancy of about seven months at the time of occurrence.