JAI KUMAR MAHTO Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE present appeal has been preferred by the solitary appellant to question the propriety of his conviction under Sections 366A and 497 of the Indian Penal Code which was recorded by the 4th Additional Sessions Judge, Madhubani, in Sessions Trial No. 147 of 1993. THE appellant had also been charged under Section 376 of the Indian Penal Code, but the learned trial Judge acquitted the appellant on that count and convicted him for the offence under Section 497 of the Indian Penal Code for which there was no charge framed.

(2.) THE prosecution case, in short, was that the appellant took or enticed away P.W. 5, the prosecutrix from her father's house at about 8 a.m. on 28.9.1992 from her village to Madhubani and from there to Darbhanga and after causing her unconscious, took her away to Assam where she was repeatedly 5 raped.

(3.) THE evidence of P.W. 13 Dr. Nirmala Kumari indicates as under: