VISHWAMBHAR MALAKAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) ANJANA Prakash, J: and sentenced to R.I. for ten years as also u/s.323 I.P.C. and sentenced to six months R.I. and in addition the appellant no.2 has been convicted u/s.509 I.P.C. and sentenced to three months S.I. by the 1st Additional Sessions Judge, Gaya in Sessions Trial No.310 of 1994/ 22 of 1996/ 153 of 1996 by a judgment dated 11.10.1996.

(2.) THE case of the prosecution is that on 3.3.1994 at about 7-8 P.M. while the informant and her niece had gone to ease themselves, the accused persons surrounded them and committed rape upon them. When they resisted, they were also assaulted and in addition the accused persons also cut the hair of the informant. When the two ladies returned to their house they informed P.W.8, the mother of one of the victims. THEy were so afraid of making any report that they waited for the male members to return, after which the present case was instituted.