DEVENDRA PANDIT @ DHIBU PANDIT Vs. STATE OF BIHAR

JUDGEMENT

(1.) This appeal is directed against the judgment of conviction dated 21st August, 2000 and the order of sentence dated 29th August, 2000 passed by the 2nd Additional Sessions Judge, Banka in Sessions Trial No. 168 of 1988 whereby the Trial Court has found and held the appellant guilty for the offences punishable under Section 376 of the Indian Penal Code and sentenced him to undergo rigorous imprisonment for five years.

(2.) The prosecution case, in brief, is that Akli Devi, wife of Sargun Kapri left her house to go to visit her parents, who live in Bounsi, which is about 5 kms. from Banka. She says that she went to Banka Bus Stand where she took a bus which apparently took her to Bhagalpur. Thereafter, she returned by a train and got off at Panjwara Station. It is stated by her that the appellant told her to stay in his house during the night and that he would take her to her father's house on the next day. It would appear that apart from the appellant, there was another person accompanying the appellant. It is alleged that during the night, the appellant committed rape. Thereafter, she began to cry and raised her voice. On hearing her voice, the other person who was accompanying the informant, raised a hue and cry. The villagers gathered at the place of occurrence, amongst them, were Suresh Yadav and Rajendra Yadav.

(3.) During the trial, out of five prosecution witnesses, all except the prosecutrix who was examined as PW 1, have been declared to be hostile as none of the villagers who were supposedly present soon after the occurrence have supported the case of the informant.