RAJA RAM YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) Though appellant suffered conviction under Sections 376 and 379 of the Indian Penal Code, while no sentence was awarded on the latter count, he was sentenced to suffer rigorous imprisonment for a term of seven years on the first count and was also sentenced to pay fine of Rs. 5,000.00, in default of which, he was to undergo three months imprisonment.

(2.) The facts of the case are tell a tale. Meena Devi. PW 3, the prosecutrix, allegedly had been to the field to answer natures call where appellant having pushed her on the ground, stripped her of clothes and committed sexual assault thereafter. While retiring from the place of occurrence, he also relieved her of ear ring. Shortly thereafter, she raised alarm and narrated her woes to Tabali Paswan, PW 4 who happened to come there on alarm. She also found her water pot missing. A number of persons had thronged to the place of occurrence. She also informed her mother-in- law and also husband who was ailing. Though appellant was called from the house but he did not turn up. Since she was scared and night had set in the Police could be informed only in the morning where she rendered her statement to set the police in motion. As usual, investigation followed and the Police on conclusion of investigation laid charge-sheet before the Court for putting appellant on trial.

(3.) In the eventual trial that followed, while State examined six witnesses, the defence too examined Ram Baran Yadav, DW 1, obviously to counter the accusations attributed to the appellant for commission of sexual assault on Meena Devi, the prosecutrix.