LAXMAN SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE appellant nos.1 and 4 have been convicted u/ss.354 and 323 I.P.C. and sentenced to R.I. for two years and six months respectively whereas the appellant nos.2 and 3 have been convicted u/s.323 I.P.C. and sentenced to R.I. for six months by the 1st Additional Sessions Judge, Aurangabad in S. Tr. No.7 of 1988/ 83 of 1993 by a judgment dated 15.2.1996.

(2.) THE case of the prosecution is that on 5.6.1987 when the two minor sisters of the informant were going for collecting cow dung the accused persons caught them and they attempted to rape them. However, they fled away after an alarm was raised. When the informant and others accosted the accused persons they were further assaulted by them.

(3.) IN the result, the appeal is allowed and the order of conviction and sentence passed against the appellants on 15.2.1996 by the 1st Additional Sessions Judge, Aurangabad in S. Tr. No.7 of 1988/ 83 of 1993 is set aside. The appellants are discharged from the liabilities of their bail bonds.