BHARAT YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) PROSECUTION case initiated on written application of one Shrawan dated 23.11.2006, in brief, is that on the same day at about 3.00 P.M. his niece Rachna Kumari, aged about four years, daughter of Om Prakash Sah had gone in Gachhi/Orchard, east to the village to meet the call of nature, in the meantime this accused appellant came and committed rape upon her. She raised alarm, thereupon Bharti Kumari, informant and other family members rushed to the place of occurrence. They saw this accused appellant fleeing from the place of occurrence and coming of blood from private part of Rachna Kumari.

(2.) AFTER concluding the trial, case is ended in conviction and sentence to the accused appellant.

(3.) AFTER having considered the evidence on record and the material recorded by the trial court, the appeal is allowed. The judgment of conviction and order of sentence dated 19.11.2009 and 21.11.2009 passed in Sessions Trial No. 159/2007 is set aside.