ISLAM MIAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) By this appeal, the appellant/convicted accused is challenging the Judgment and Order dtd. 9/3/2017 passed by the learned Additional Sessions Judge-I, Jamui, in Sessions Case No.233 of 2015, thereby convicting him of the offences punishable under Ss. 376, 323, 452 and 506 of the Indian Penal Code as well as under Ss. 3(1) (xi) and 3(1)(xii) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. For the offence punishable under Sec. 376 of the Indian Penal Code, the appellant/convicted accused is sentenced to suffer rigorous imprisonment for 10 years apart from payment of fine of Rs.10,000.00 and in default, sentence of six months. For the offence punishable under Sec. 323 of the Indian Penal Code, he is sentenced to suffer rigorous imprisonment for one year. For the offence punishable under Sec. 452 of the Indian Penal Code, the appellant/convicted accused is sentenced to suffer rigorous imprisonment for two years and for the offence punishable under Sec. 506 of the Indian Penal Code, he is sentenced to suffer rigorous imprisonment for two years. For the offences under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, the appellant/convicted accused is sentenced to suffer rigorous imprisonment for one year on each count. For the sake of convenience, the appellant/convicted accused shall be referred to in his original capacity as "an accused".

(2.) The facts in brief leading to the prosecution of the accused can be summarized thus:

(3.) I heard the learned counsel appearing for the appellant/accused at sufficient length of time. He argued that even if the case of the prosecution is accepted, then also, it is seen that it is of the consensual sex between two adult persons. It is argued that evidence of the Medical Officer, who has examined the prosecutrix, is not supporting the case of the prosecution. There were no injuries on the person of the prosecutix. Evidence on record does not show that the prosecutrix has offered resistance to the act of the accused. As against this, the learned A.P.P. supported the impugned Judgment and Order of conviction and resultant sentence.