LAWS(PAT)-2011-6-57

SANJAY SAH ALIAS SANJAY SHAW Vs. STATE

Decided On June 24, 2011
Sanjay Sah Alias Sanjay Shaw Appellant
V/S
STATE Respondents

JUDGEMENT

(1.) THE solitary appellant Sanjay Sah having been found guilty under sections 376 and 450 IPC, assails the judgment dated 21.1.2006 passed by the Ist Additional Sessions Judge, Bhojpur in S.T. No. 292 of 2003. As regards quantum of sentence, the appellant was directed to suffer RI for ten years and pay a fine of rupees ten thousand, else to suffer simple imprisonment for three months for his conviction under section 376 IPC and rigorous imprisonment for seven years for being found guilty of committing offence under section 450 IPC.

(2.) THE charges related to an occurrence dated 18th October 2002. The prosecution story is contained in written report dated 18.10.2002 of Jairam Yadav who happened to be the father of the victim Reshma Kumari (P.W. 3) on the basis of which FIR (Ext. 2) of the case was drawn up. It was stated by Jairam Yadav (P.W. 5) that on 18.10.2002 at about 9 A.M. he and his wife were away into the fields for cutting grass and his daughter Reshma was all alone there. After having returned at 1.30 P.M., he found his daughter weeping and many persons assembled there. He made enquiries from P.W. 3, who stated that about half an hour ago this appellant had come to her house to request for a file (Reti) and in that course took P.W. 3 by catching hold of her hands into the Angan and closed the entry doors. He, thereafter, took Reshma in the southern room of the house, put her on a cot and raped her, as a result of which, she started bleeding from her private parts. The victim (P.W.3) raised a halla and on that, the appellant scaled the ladder to go over the roof of the house and after jumping from there, fled away.

(3.) THE defence of the appellant was a complete denial of the allegations and his participation in commission of the offence. It further suggested that no occurrence had really taken place on 18.10.2002. After considering the evidence, available on record, the learned trial judge passed the impugned judgment.