EKARSI RAM @ SUNIL KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) The Appellants have been convicted under Sections 376/511 and 354 IPC and sentenced to RI for three years and a fine of Rs. 1,000/- as compensation to the complainant by the 6th Additional Sessions Judge, East Champaran, Motihari in S. Tr. No. 86 of 1993/20 of 1993 by a judgment dated 08/09.07.1997.

(2.) The case of the complainant Kalawati Devi is that on 03.01.1993 at about 5 P.M. when she was alone in the house the Appellants entered the same and told her to compromise a case with Krishna Ram and when she refused to do so both the Appellants fell her on the ground and attempted to rape her. She started shouting at which other persons came and the accused persons fled away.

(3.) During trial the prosecution in all examined five witnesses out of whom P.W. 5 is the prosecutor herself. P.W. 1, Ganesh Gosain supported the case of the prosecution in examination-in-chief but in cross-examination completely belied the same. P.W. 2, Basudeo Ram, a neighbour who had gone to the place of occurrence supported the fact that the victim had fallen to the ground while one of the Appellants was on her. P.W. 3, Ramadhari Gosai has also stated likewise. P.W. 4, Naina Devi stated that when she went to the place of occurrence she saw the Appellants were leaving the house and victim was nude. When P.W. 5, Kalawati Devi the prosecutor was examined she did not support the case of the prosecution.