SHANKAR JHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the appellant and learned counsel for the State.

(2.) This appeal is filed against the judgment and order dated 04.06.1998 and 05.06.1998 passed by the 3rd Additional Sessions Judge, Bhagalpur in Sessions Trial No. 163 of 1989/T.R. No. 20 of 1997 whereby and whereunder the appellant has been convicted under Sections 376, 323 and 448 of the I.P.C. and sentenced to undergo R.I. for 7 years for the offence under Section 376 only.

(3.) Fardbeyan of the informant has been made basis for F.I.R. which, in short, is that in the night of 9/10.04.1987 while informant was thinking for shelter in another house to save herself from the storm followed by rain, this accused-appellant came and entered her house. It was 2.30 am., he over powered her, flung and after giving threatening committed rape upon her. She was crying but due to storm, none appeared in her rescue. Later the incident was reported to neighbours then to her brothers. In the morning at about 10.00 A.M. matter was reported to the Police.