MOHAMMAD AIZAZ ANSARI @ MOHAMMAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) The Appellant has been convicted under Section 376 of the Indian Penal Code and sentenced to rigorous imprisonment for seven years as also a fine of Rs. 1,000/- in default of which further rigorous imprisonment for six months by the 1 st Additional Sessions Judge, Sitamarhi, in Sessions Trial No. 236 of 1995 by a judgment dated 29.11.1996.

(2.) The case of the prosecution is that while the S.I. of Outpost was on patrolling duty, in the evening, he heard near the circuit house that some occurrence had taken place. He proceeded there and recorded the statement of the prosecutrix that when she was cleaning utensils, at about 3.00 P.M. on 27.6.1995, the Appellant who was the son of the cook took her to a nearby room and closed it and, thereafter raped her. When the people started raising a cry and knocked the door of the room, the Appellant allegedly opened the door and he was Patna High Court CR. APP (SJ) No.24 of 1997 dt.11-07-2011 2 arrested there and then. The prosecutrix as well as the Appellant were produced before the Doctors for their physical examination and they were examined by PW-2 and PW-3. Both the Doctors who examined the prosecutrix and the Appellant, did not find any sign of sexual intercourse.

(3.) During trial, the prosecution examined eight witnesses out of whom PW-1 Maina Devi is the mother of the victim. PW-4 is the victim herself whereas PW-5 is the Aunt of the victim and PW-7 is her cousin. PW-6 is a tendered witness whereas PW-8 is the Investigating Officer.