KAILASH MANDALALIAS LULHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE solitary appellant Kailash Mandal alias Lullha was put on trial by the Ist Additional Sessions Judge, Bhagalpur, in Sessions Trial No. 376 of 2005/33 of 2005 by framing charge under Section 376 of the Indian Penal Code. The appellant was found guilty of committing the offence by the judgment dated 30.7.2005 and after hearing the appellant on sentence on 2.8.2005 he was directed to suffer rigorous imprisonment for ten years. The appellant questions the propriety of order of conviction as also the adequacy of the sentence passed against him.

(2.) THE offence appears committed upon a deaf and dumb lady Bongi Devi, P.W.1, who was the wife of P.W. 2 Ishwar Mandal. This has also come in the evidence of P.W. 3, her mother -in -law, Sudama Devi that she was the mother of three children.

(3.) IT is stated in the F.I.R. of P.W. 2, Ishwar Mandal recorded on 30.11.2004 at 10 A.M. at village Kundi Jaigaon that while the informant was away from his house, the appellant came there where the victim was all alone and took her to his house on pretext of doing some household works. As soon as the victim, P.W. 1, had entered inside the house of the appellant she was forcibly put down on the ground in a room and after removing her wearing apparels she was sexually assaulted. When the informant came back to his house, the lady narrated the incident to him by signs as to how the appellant had raped her.