RAM BILAS SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) The solitary Appellant was tried in Sessions Trial No. 278 of 1990/334 of 2006 by being charged under Section 376 Indian Penal Code, 1860 and by the judgment dated 08.02.2007 was found guilty of committing the above offence. After being heard on sentence, the Appellant was directed to suffer rigorous imprisonment for five years. The Appellant has preferred the present appeal questioning the correctness of the findings and propriety of the sentence recorded and passed against him.

(2.) The prosecution case is contained in the fardbeyan(Ext-4) of P.W.8 Sumitra Devi who alleged that in the night intervening 15-16th of June, 1989 she was sleeping in the house of P.W.4 Sona Kuwar due to the absence of her male family members who had gone out in search of her Dewar who had earlier been threatened on that day by the Appellant. It is stated that the Appellant came to the house of P.W.4, knocked at the door and asked to open it else he will break the door and enter into the room. It is stated that the door was opened by P.W.4. The Appellant enquired from P.W.4 as to why, in spite of his objections, she had allowed P.W.8 to sleep inside her house and then dragged P.W.8 from the house of P.W.4 to the own house of P.W.8 where he closed the doors and committed rape upon her.

(3.) On the basis of the fardbeyan, the FIR of the case, Ext-5, was drawn up and the same was investigated into by P.W.12 S.I. Surya Narayan Lal Das who inspected the place of occurrence and recorded the statement of witnesses, sent the victim P.W.8 to the doctor for examination and after finding materials sufficient, sent the Appellant up for trial.