RAMESH PODDAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) The solitary appellant has preferred the present appeal to question the judgment of conviction dated the 5th September, 1995 passed by the learned District and Sessions Judge, Madhepura in Sessions Case No. 95 of 1990 by which the appellant was found guilty of committing offence under Sections 376 and 511 IPC and after being heard on sentence on the same day, was directed to suffer rigorous imprisonment for three years.

(2.) The prosecution case is contained in FIR, (Ext.-2) lodged by P.W. 6 on 9.9.1989 at 12.00 hours stating that while she was alone at her house, the appellant came there to inquire about the whereabouts of her mother. The prosecutrix (P.W. 6) stated that her mother had gone outside to collect fuel-wood. The prosecutrix went to draw water from a tube-well and while she was bringing the bucket inside, the appellant is said to have taken the same to put it inside the Angan, whereafter, he put the prosecutrix down on the ground and fondled with her breasts with a view to ravish her. She raised an alarm which attracted the witnesses examined in the case, whereafter, the appellant ran away from there.

(3.) The case, after being investigated into by P.W. 9-SI-Deoki Nandan Prasad, was reported true by submission of charge-sheet, which culminated into the trial of the appellant and which ended in the impugned judgment.