BISHUN DAYAL SAH Vs. STATE OF BIHAR

JUDGEMENT

(1.) The Appellant has been convicted Under Section 376 I.P.C. and sentenced to R.I. for eight years as also a fine of Rs. 5,000/- and in default of which further R.I. for one year by a judgment dated 17.1.1997 passed by the 3rd Additional Sessions Judge, Siwan in Sessions Trial No. 129 of 1995.

(2.) The case of the prosecution according to the informant-prosecutrix (P.W.6) is that on 1.6.1994 at about 11 P.M. when she was participating in a marriage ceremony, the Appellant suddenly came there and lifted her physically and took her beside the house of one Bhagelu Sah and committed rape upon her. When she attracted the attention of the mother by cries she came there and then the present case was instituted.

(3.) During trial, the prosecution has examined seven witnesses. Out of whom, P.W.1 and P.W.2 have been declared hostile, whereas P.W.3 and P.W.4 are the doctors, who examined the prosecutrix. P.W.5 is the mother of the prosecutrix and P.W.6 is the prosecutrix herself. P.W.7 is the Investigating Officer.