SHEOJI SHAH Vs. STATE OF BIHAR

JUDGEMENT

(1.) The appellant Sheoji Sah has assailed the order of conviction and sentence passed by the 4th Additional Sessions Judge, Ara, dated 13/7/2001, in Sessions Trial No. 230 of 1999, whereby he was convicted under Section 376 of the Indian Penal Code and was senten-ced to undergo rigorous imprisonment for seven years.

(2.) The prosecution case originated on the fardbeyan of the victim Twinkle Kumari (PW 5) to the effect that on 1-7-1999, she was called by the accused-appellant to his house where she was asked to bring oil. When she went to the house of Sheoji Sah, the latter pulled her inside his house and bolted the exit door planks from inside. Subsequently he whipped out a chura and pointed it towards her and made her lie on the ground. The accused after undressing her subjected her to criminal assault. When he failed to have complete coitus, he oiled his private parts as also the private parts of the informant. Subsequently she raised alarm which made the accused fly away. She further stated in her fardbeyan (Ext. 2) that her private parts was still aching. After the occurrence she went to her house and narrated the occurrence to her parents and other family.

(3.) The prosecution has examined all together six witnesses to prove its case, out of which (PW5 1 and 2) were hearsay witnesses learnt about the occurrence either from the victim or her parents. PW5 3 and 4 were the parents of the victim. PW 5 was the victim herself. PW 6 was a Doctor and PW 7 is the 1.0.